The Gujarat High Court has permitted a man facing trial in a CBI case to renew his passport for a period of ten years, modifying a trial court order that had restricted the renewal to three years.

The Court observed that an ordinary passport is generally valid for ten years and that the trial court ought to have permitted its renewal for the same period.

However, Justice Mool Chand Tyagi clarified that the petitioner would not be permitted to leave India without obtaining prior permission from the trial court.

Referring to various judgments relied upon by the parties, the Court observed:

"Perusal of the afore judgments relied upon by the parties makes it clear that a general passport is renewed for a period of ten years, therefore, the learned Trial Court ought to have granted permission to the petitioner for renewing the passport for a period of ten years". 

"In view of the above observations, the impugned order passed by the learned Trial Court is required to be modified and accordingly, the petitioner is permitted to get renewed/reissued his passport for a period of ten years. However, at the same time, it would be apposite to impose certain conditions," the court added.

It directed that after the renewal of his passport, the petitioner must obtain prior permission from the trial court before travelling abroad. The trial court would be free to impose appropriate conditions, in accordance with law, while considering any such request.

The  Additional Chief Judicial Magistrate, CBI Court No.1, Ahmedabad (Rural)  had partly allowed the petitioner's plea wherein he was permitted to get his passport renewed for three years in terms of notification/circular of Ministry of External Affairs dated 25.08.1993.

Against this the petitioner moved the high court, seeking that his passport be renewed  and re-issued for the full period of ten years, which is specified for the purposes of clause (a)(i) of Notification No. G.S.R. 570(E) dated 25.08.1993

The petitioner argued that his passport is going to expire on 30.05.2027, and so he had filed an application before the CBI Court, seeking permission to get the passport renewed for a period of ten years. 

He submitted that the petitioner is aged about 67 years and has to go abroad for business purposes and further, all his children are settled outside India, i.e., at UK, Dubai & Canada. Therefore, he is required to travel abroad frequently. As such, he prayed that his passport ought to have been permitted to be renewed for a period of ten years. Thus he sought modification of the trial court's order. 

The counsel for Regional Passport Officer, Ahmedabad argued that the petition is premature as the petitioner had not preferred any application before RPO for renewing his passport. 

The plea was allowed to this extent and trial court order was modified.