Gujarat High Court Directs Authority To Consider Kuwaiti Resident's Passport Renewal Plea Put On Hold Over Rash Driving FIR

The Gujarat High Court on Tuesday (November 25) granted relief to an Indian man working in Kuwait, whose application for renewal of passport was put on hold in view of an FIR registered against him for rash and negligent driving at Lunawada police station. 

The court asked the authorities to process the petitioner's passport renewal plea within 4 weeks after noting that the petitioner is working in Kuwait and would face serious consequences in case renewal is not considered. 

Justice Aniruddha P Mayee in its order noted that as per the plea the petitioner was not aware of any such FIR filed against him by the police authorities since the complainant is a Police Head Constable. 

"The petitioner herein has undertaken that he shall cooperate in the expeditious disposal of the criminal proceedings and shall also attend the trial. A written explanation has also been given to the Embassy of India at Kuwait as per the impugned communication dated 25.08.2025," the court noted. 

It further said:

"In the peculiar facts and circumstances of the present case and considering the nature of offence as mentioned in the F.I.R., this Court is inclined to direct the respondent No.2 to process the Passport Application Reference No.25-2003972624 of the petitioner within a period of 4 weeks on its own merits and in accordance with law in view of the written explanation dated 07.09.2025 submitted before the authorities. The present order is also passed keeping in view the fact that the petitioner is working in Kuwait and would have to face serious consequences if the renewal of the passport is not considered". 

The petitioner had challenged an August order raising an objection to the petitioner's passport application, wherein an explanation was sought for suppression of offence under Section 281 BNS (Rash driving or riding on a public way) registered with Lunawada Town Police Station which is pending adjudication. The FIR showed that the petitioner was involved in rash and negligent driving endangering the lives of the pedestrians. The passport application of the petitioner has therefore, been put on hold.

The petitioner's counsel submitted that the petitioner undertakes to remain present and fully cooperate with the Trial Court for expeditious disposal of such criminal proceedings.

It was submitted that since the petitioner is residing in foreign country, he requires a valid passport or he would face forceful deportation and permanent blacklisting which would put his livelihood at stake. It was submitted that direction be passed to process the application of the petitioner for renewal of passport expeditiously.

The counsel for respondent submitted that since the F.I.R. as well as criminal case is pending against the petitioner, the passport authorities have validly raised such an objection. He submitted that the objections raised are valid. He also submitted that appropriate directions be passed in the present case. 

The plea was disposed. 

Case title: MOHASIN SABBIR AHMED SURATI v/s  UNION OF INDIA & ANR.

R/SPECIAL CIVIL APPLICATION NO. 13888 of 2025

Click Here To Read/Download Order 

Citation : 2025 LiveLaw (Guj) 196