Allahabad High Court
ANGADversusUNION OF INDIA AND 6 OTHERS
- Decided
Holding
The petition is dismissed; the petitioner must first obtain an emergency certificate under Section 4(2) of the Passport Act, 1967 before seeking re‑issuance of the passport.
Summary
Petitioner Angad, employed in Saudi Arabia, approached the Allahabad High Court under Article 226 seeking a writ of mandamus to compel the Union of India to re‑issue his expired passport. The respondents argued that, under Section 4(2) of the Passport Act, 1967, the petitioner must first obtain an emergency certificate from the Indian embassy abroad before any re‑issuance can be considered, especially as a criminal trial is pending in India. The Court held that the petitioner must follow the statutory procedure, obtain the emergency certificate, secure a no‑objection sanction from the concerned criminal court, and then apply to the Regional Passport Officer for re‑issuance. Accordingly, the petition was disposed of, granting the petitioner liberty to pursue the prescribed steps. No mandamus was issued.
Issues considered
- Whether the High Court can issue a writ of mandamus directing re‑issuance of an expired passport under Article 226.
- Whether the petitioner must first obtain an emergency certificate under Section 4(2) of the Passport Act, 1967 before the passport can be re‑issued.
Legislation cited
- Passport Act, 1967 — s. 4(2)
Subjects
- passport
- mandamus
- Article 226
- emergency certificate
- re‑issuance
- criminal court
- travel
- India
- Saudi Arabia
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36378 of 2026
Angad
.....Petitioner(s)
Versus
Union Of India And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Kumar Yadav
Counsel for Respondent(s) : A.S.G.I., Ajay Singh, C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Rajendra Kumar Yadav, learned counsel for the petitioner
and Sri Ajay Singh, learned panel counsel for the respondents.
2. By means of this petition filed under Article 226 of the Constitution,
petitioner has prayed for a writ of mandamus to command the respondent
to re-issue the passport.
3. It is submitted by learned counsel for the petitioner that petitioner is
currently working in Saudi Arabia, where his passport has expired.
4. Per contra, it is submitted by learned panel counsel appearing for the
respondents that since petitioner's passport has expired, he should get
necessary emergency certificate under Section 4(2) of the Passport Act,
1967 from the embassy concerned to get necessary certificate to travel
India to get no objection/ sanction/ approval from the concerned criminal
court where trial is going on.
5. In the circumstances, we dispose of this petition with liberty to the
petitioner to apply before the embassy concerned under Section 4(2) of
the Passport Act, 1967, who would be doing the needful in accordance
with law and once he gets the emergency certificate to travel India, he
needs to apply before the criminal law court concerned for necessary no
objection/ sanction/ approval to travel abroad and when he gets no
objection, he may submit the same before the Regional Passport Officer
concerned, who shall then proceed to examine the matter of re-issuance of
WRIC No. 36378 of 2026
2
passport in accordance with law.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 11, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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