Passport Authority Can't Determine If Accused Facing Criminal Proceedings Has 'Right To Travel Abroad': Gujarat High Court

The Gujarat High Court recently held that the passport authorities have no authority to determine whether an accused facing pending criminal proceedings has a 'right to travel abroad'.In doing so the court held that such authority is only vested with the Trial Court which can impose appropriate conditions when application is made seeking permission to travel abroad. The court was hearing the petitioner's plea seeking permission to travel abroad, booked in an FIR for offences under IPC Sections 323 (Voluntarily causing hurt), 504 (Intentional insult with intent to provoke a breach of the peace), 506 (Punishment for criminal intimidation), 114 (Presence of abettor at the time of the offence). The Counsel for the petitioner argued that after the FIR was registered, the investigating officer filed a B-Summary report stating that no offence was made out that was accepted by Magistrate Court. This was challenged before the Sessions Court which allowed the revision application. Thereafter, the co-accused moved the High Court which issued issued and the matter is pending. The counsel for the Regional Passport Officer submitted that citizens facing criminal proceedings need to produce orders granting them permission to travel abroad from the concerned court.Justice Aniruddha P. Mayee said:“…This Court is also of the considered opinion that the passport authorities do not have any authority to decide whether the accused has a right to travel abroad and such authority is only vested in the Trial Court which can impose conditions if an application is made seeking permission to travel abroad. This Court is of the considered opinion that the directions issued by the Bombay High Court are binding upon the passport authorities to issue the passport for a period of 10 years as per the Act and the Rule.”The Court then directed the respondent authorities to issue petitioner's passport for a period of 10 years and the application to be decided within 4 weeks of application moved for issuance of passport by the petitioner. It further clarified that for any travel abroad; the petitioner must seek permission from the competent court that may impose appropriate conditions.The Court then allowed the application and disposed of the matter.Case Title: Dhaval Sureshbhai Makwana vs State of Gujarat Case Number: Special Civil Application No. 28 of 2026Click Here To Read/Download Order

Passport Authority Can't Determine If Accused Facing Criminal Proceedings Has 'Right To Travel Abroad': Gujarat High Court

Lovina B Thakkar

Tags