Bombay High Court
PARAG PRIYAKANT JHAVERIversusUNION OF INDIA
- Decided
- Disposal
- Allowed
Holding
The four‑year passport renewal restriction is erroneous and is deleted; a passport shall be issued for ten years subject to travel‑notification conditions.
Summary
The applicant, Parag Priyakant Jhaveri, filed an application seeking modification of a prior order that imposed a four‑year restriction on renewing his passport. The High Court examined the restriction and found it prima facie erroneous and inconsistent with its earlier decisions in similar cases. Consequently, the court deleted the four‑year restriction and ordered that a new passport be issued for ten years as requested by the applicant under the Passport Act, 1967. The court further directed that the applicant must provide written details of any foreign travel itinerary to the CBI in advance and notify the investigating officer within one week of his return. The application was allowed in accordance with the prayer clause (b) and the interim application was disposed.
Issues considered
- Whether the four‑year restriction on passport renewal imposed on the applicant is valid and consistent with precedent.
- Whether the court can modify the earlier order to delete the restriction and issue a passport for ten years.
- What conditions, if any, may be imposed on the applicant’s foreign travel pending the issuance of the passport.
Legislation cited
Subjects
- passport
- travel restriction
- modification of order
- CBI
- high court
- criminal procedure
Judgment
61.APL.930.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 930 OF 2026
Parag Priyakant Jhaveri .. Applicant
Versus
Union of India, Deputy Director .. Respondent
....................
Ms. Nikita Gawai a/w. Mr. Rahul Arote, Advocate for Applicant.
Ms. Rajeshree V. Newton, APP for Respondent – State.
Mr. Amit Munde, SPP for ED.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 09, 2026.
P.C.:
1. Heard Ms. Gawai, learned Advocate for Applicant; Ms.
Newton, learned APP for Respondent – State and Mr. Munde, learned
SPP for Directorate of Enforcement.
2. Application of Applicant seeks modification of the order
dated 13.01.2026 passed below Exhibit 262, copy of which is annexed
at page No.78 by the Application. I have perused the order.
3. The restrictive condition of renewal of the passport for 4
years is prima facie erroneous on the face of record and not in
consonance and accordance with the decisions of this Court passed in
similar and identical matters. In that view of the matter, the restriction
for renewal of the passport for 4 years stands deleted. Since
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61.APL.930.2026.doc
the period has expired, if any, new passport is required to be issued to
Applicant, the same shall be issued under the Passport Act, 1967 and
the Rules made thereunder for a period of 10 years as requested by
Applicant.
4. Once the passport is issued, the copy of the passport shall be
retained by Applicant himself. However, it is clarified that as and when
Applicant desires to travel abroad, in that case, he will provide in
writing all details of his itinerary, destination, place of stay abroad,
contact number abroad and air tickets to and from to Respondent No.1
- Central Bureau of Investigation in advance.
5. Further after Applicant returns from abroad, he shall notify
the Investigating Officer of the CBI in writing within one week of his
arrival in India for their record.
6. In view of the above, Application stands allowed in terms of
prayer clause (b) of the Application.
7. Interim Application is disposed.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.10.10
10:28:13 +0530
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