Court Directs Petitioner to Seek No Objection Certificate from Trial Court for Passport Renewal Amidst Dowry-Related Criminal Proceedings
In a significant judgment, the Telangana High Court has ruled that the mere pendency of criminal proceedings cannot serve as an absolute barrier to the renewal of a passport under Section 6(2)(f) of the Passports Act, 1967. The case, presided over by Justice Sri Nagesh Bheemapaka, involved Dr. Raghavender Siva Vijaya Chivukula, a research scientist facing charges under Sections 498-A, 406, and 506 of the Indian Penal Code, alongside Sections 3 and 4 of the Dowry Prohibition Act.
Dr. Chivukula, who was in India to attend his wife's convocation, found himself embroiled in legal proceedings initiated by his spouse, which led to the denial of his passport renewal application. The petitioner contended that the charges were false and motivated, asserting his professional obligations in the United States required his physical presence, with the potential loss of employment looming.
The court highlighted the necessity for the petitioner to approach the trial court to secure a No Objection Certificate (NOC) for the renewal of his passport. It emphasized that obtaining an NOC would not automatically authorize international travel, necessitating a separate application for travel permission, subject to trial court approval.
Addressing the concerns of justice and procedural fairness, Justice Bheemapaka underscored the constitutional right to personal liberty under Article 21, which encompasses the right to hold a passport and travel abroad. The judgment reiterated that restrictions under the Passports Act must adhere to statutory mandates and procedural fairness, rejecting arbitrary denial based solely on pending criminal cases.
The court directed the trial court to expedite the consideration of the petitioner's NOC application, urging a decision on the same day of submission. It further clarified that the trial court retains the authority to impose conditions on any granted travel permission, ensuring the petitioner's compliance with the ongoing criminal proceedings.
This ruling delineates the balance between individual rights and legal obligations, setting a precedent for similar cases where pending criminal charges intersect with procedural entitlements under the Passports Act.
Bottom Line:
Pendency of criminal proceedings cannot be a blanket ground for refusal to reissue a passport under Section 6(2)(f) of the Passports Act, 1967. Applicant may seek No Objection Certificate (NOC) from the trial court for passport renewal.
Statutory provision(s): Passports Act, 1967 Section 6(2)(f), Indian Penal Code Sections 498-A, 406, 506, Dowry Prohibition Act Sections 3 and 4, Constitution of India Article 21.
Dr. Raghavender Siva Vijaya Chivukula v. Union of India, (Telangana) : Law Finder Doc id # 2874673
