Bombay High Court
SHADAB AYUB KHANversusUNION OF INDIA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court directed that the passport be issued/renewed for a period of ten years.
Summary
Shadab Ayub Khan applied to the Bombay High Court seeking clarification on the validity period of his passport renewal after the court had allowed his interim application in part. The Department indicated that, absent a specific direction, it would issue a passport valid for only one year under the 1993 Notification, a 2019 MEA letter, and the 2020 Passport Manual. The applicant’s counsel argued that a ten‑year passport was necessary and that the earlier order’s wording did not limit the period. The judge noted that granting a one‑year passport would be futile and therefore directed the passport authority to issue a passport for ten years, consistent with the applicant’s request. The order clarified that the earlier order and the present one must be read together, and the praecipe was disposed.
Issues considered
- Whether the High Court must specifically direct the period of validity for a passport renewal under the applicable passport regulations.
- Whether the applicant is entitled to a ten‑year passport despite the Department’s standard practice of issuing a one‑year passport in the absence of such a direction.
Subjects
- passport renewal
- validity period
- interim application
- High Court of Bombay
- procedural direction
Judgment
1. CRI IA-1803-26.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1803 OF 2026
IN
CRIMINAL APPLICATION NO. 844 OF 2022
Shadab Ayub Khan .. Applicant
Versus
Union of India & Anr. .. Respondents
....................
Mr. Aabad H. Ponda, Senior Advocate a/w Mr. Sumit Krishnakumar
Tiwari, Advocates for Applicant
Mr. Yashodeep Deshmukh (through VC) a/w Mr. Pratham Gawali &
Ms. Pratishtha Shukla, Advocates for Respondent No. 1
Ms. Sangeeta E. Phad, APP for Respondent No. 2 - State
...................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 2, 2026
P. C.:
1. Heard Mr. Ponda, learned Senior Advocate for Applicant; Mr.
Deshmukh (through VC), learned Advocate for Respondent No. 1 and
Ms. Phad, learned APP for State.
2. Praecipe dated 01.09.2026 is moved on behalf of Applicant for
clarification in the order dated 25.08.2026 passed by this Court. By
the said order, Application was disposed of in terms of prayer clauses
(a) and (b). Exigency of the Applicant was duly stated in paragraph
No. 4 of the aforesaid order.
3. Mr. Ponda would persuade me to consider the communication
received by the Applicant with regard to renewal of his passport. He
1 of 2
1. CRI IA-1803-26.odt
would submit that notwithstanding this Court having allowed the
Application in terms of prayer clauses (a) and (b), according to the
Department, if Court order does not specifically mention the short /
full validity passport, Department would only issue the passport for
one year in terms of the relevant provisions of Notification dated
25.08.1993 read with MEA letter dated 10.10.2019 and the Passport
Manual 2020.
4. I have considered the request made by Mr. Ponda on behalf of
the Applicant. The requisite requirements have been specifically noted
by me in paragraph No. 4 of the previous order while allowing the said
Application. Granting the passport to the Applicant for one year
would serve no purpose whatsoever. In that view of the matter, the
request made by Mr. Ponda to direct the concerned appropriate
Passport Office and Authority to issue / renew the passport of the
Applicant for a period of ten years is allowed by this Court.
5. Order dated 25.08.2026 shall be read with along with a copy of
this order and both the orders shall be read together for determination
of Interim Application No. 1803 of 2026. It is clarified that the
passport that shall be issued / renewed to the Applicant in accordance
with law will be issued to him for a period of ten years.
6. With the above direction, praecipe is disposed.
Amberkar Digitally signed
by RAVINDRA
[ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.09.02
15:28:35 +0530
2 of 2
Checking your session…