Allahabad High Court
MOHAMMAD NABI RASOOL ANSARIversusUNION OF INDIA AND 3 OTHERS
- Decided
Holding
The petition is disposed with liberty to the petitioner to apply for an Emergency Certificate, which must be considered by the passport authority within two weeks, and no mandamus is issued.
Summary
The petitioner applied for renewal of his passport (ARN No. 24-2001981466) but the application was pending due to a criminal case against him. He filed a writ petition seeking a mandamus directing the passport authorities to process the renewal within a short time. The petitioner did not contest the pendency of the criminal case and instead requested a provisional passport to enable his return to India, after which he would seek a no‑objection order from the court. The respondents argued that the petitioner could obtain an Emergency Certificate under Section 4(2)(a) of the Passports Act, 1967, and then apply for a no‑objection order. The Court disposed of the petition, granting the petitioner liberty to apply for an Emergency Certificate, which the passport authority must consider within two weeks, and thereafter to obtain a no‑objection order as per the precedent in Pawan Kumar Rajbhar v. Union of India.
Issues considered
- Whether the High Court can issue a mandamus directing the passport authority to renew a passport when the applicant has a pending criminal case.
- Whether the petitioner is eligible for an Emergency Certificate under Section 4(2)(a) of the Passports Act, 1967.
- Whether the appropriate relief is the issuance of a provisional passport or an Emergency Certificate.
Legislation cited
- Passports Act, 1967 — s. 4(2)(a)
Subjects
- passport renewal
- emergency certificate
- mandamus
- criminal case pendency
- Passports Act
- High Court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17794 of 2026
Mohammad Nabi Rasool Ansari
.....Petitioner(s)
Versus
Union Of India And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Tiwari, Tanveer Zafar Khan
Counsel for Respondent(s) : A.S.G.I., C.S.C., Om Prakash Mishra
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and Sri O.P. Mishra, learned
counsel for the respondent nos. 1 to 3 and learned Standing Counsel for
the State.
2. The present writ petition has been filed seeking following substantial
relief;
"I. Issue a writ, in the nature of mandamus directing the
respondent passport issuing authorities to consider and decide
the issue with regard to the reissuance/renewal of the passport
in favour of petitioner having renewal application no. ARN No.
24-2001981466 within a short stipulated time period as may be
specified and directed by this Hon'ble Court."
3. The petitioner has applied for renewal of passport through respondent
No.2. It appears that the request has not been granted so far on account of
pendency of a criminal cases against the petitioner.
4. Learned counsel for the petitioner has not disputed about the pendency
of criminal case against the petitioner. He submits that the petitioner be
granted provisional passport to enable him to return to the country and
thereafter he will apply for no-objection from the concerned court to
facilitate issuance of passport.
5. Shri Om Prakash Mishra appearing for Union of India submits that the
WRIC No. 17794 of 2026
2
petitioner can be granted Emergency Certificate in terms of Section
4(2)(a) of the Passports Act, 1967 to enable him to return to country and
thereafter apply for no-objection from the concerned court, so that his
request for renewal of the passport is considered.
6. In view of the above, we dispose of the instant petition with liberty to
the petitioner to apply for Emergency Certificate before the respondent
No.2 and in the event any such application is made, the same shall be
considered by the respondent No.2 within two weeks. The petitioner after
returning to the country may obtain no-objection from the concerned
criminal court in terms of the law laid down by a Coordinate Bench in
Writ-C No. 41540 of 2023 (Pawan Kumar Rajbhar vs. Union of India
and 2 others) and other connected matters decided on 19.01.2024, so that
his application for grant of passport is processed.
(Garima Prashad,J.) (Saral Srivastava,J.)
May 6, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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