Court Rules Mere Pendency of Criminal Case Not a Barrier to Passport Issuance Without Court Cognizance
In a significant ruling, the Andhra Pradesh High Court, on June 4, 2026, addressed the contentious issue of passport issuance in situations where criminal cases are pending against applicants. The court, presided over by Justice Sri Subba Reddy Satti, delivered a judgment favoring petitioner Sattaru Ram Mohan Rao, directing authorities to process his passport application without reference to an ongoing criminal case, given that the court had not taken cognizance of it.
The petitioner, Sattaru Ram Mohan Rao, had applied for a passport with the concerned authority, which was stalled due to an adverse police verification report citing his involvement in a criminal case registered at Patamata Police Station. The legal counsel for Rao argued that the mere pendency of a criminal case should not hinder the issuance of a passport, particularly when the court has not taken cognizance, and no final report has been filed.
The court examined Section 6(2)(f) of the Passports Act, 1967, which allows authorities to refuse a passport if proceedings are pending in a criminal court. However, Justice Satti clarified that proceedings could only be considered pending if the court had taken cognizance and initiated steps under Chapter XVI of the Code of Criminal Procedure. In Rao's case, since the jurisdictional court had not taken cognizance, the proceedings were not considered pending.
Emphasizing the constitutional right to personal liberty under Article 21, the judgment reiterated that the right to travel abroad is part of this liberty, and an accused is presumed innocent until proven guilty. Thus, the mere pendency of a criminal case does not justify denial of a passport.
The court further directed the passport authorities to process Rao's application in compliance with the Passports Act, 1967, and Passport Rules, 1980, expeditiously, disregarding the pending crime reference.
This judgment resonates with previous rulings by the Supreme Court, including landmark cases like Maneka Gandhi v. Union of India and Sumit Mehta v. State of NCT of Delhi, reaffirming the principle that legal processes should not infringe on fundamental rights without due cause.
Bottom line:-
Mere pendency of a criminal case does not impede the issuance of a passport unless the court has taken cognizance of the matter, and no proceedings can be considered pending before a criminal court unless cognizance is taken under Chapter XVI of the Code of Criminal Procedure.
Statutory provision(s): Passports Act, 1967 Section 6(2)(f), Constitution of India, 1950 Article 21, Code of Criminal Procedure Chapter XVI
Sattaru Ram Mohan Rao v. Union of India, (Andhra Pradesh) : Law Finder Doc id # 2921860
