Allahabad High Court
RAJESH YADAVversusUNION OF INDIA AND 4 OTHERS
- Decided
Holding
The Court held that it cannot direct the passport authority to reissue the passport but can order prompt issuance of an Emergency Certificate upon the petitioner's application.
Summary
The petitioner, Rajesh Yadav, was stranded in Saudi Arabia after his Indian passport expired on 18 September 2026 and filed a writ petition seeking a court direction for the passport authority to reissue his passport. The High Court held that it could not issue a direct order for reissue under the circumstances. However, the Court directed that if the petitioner applies to the Indian Consulate in Jeddah or the Embassy for an Emergency Certificate under Section 4(2)(a) of the Passports Act, 1967, the Secretary of the Ministry of External Affairs must ensure prompt processing and issuance of the certificate. The Court further allowed the petitioner to apply for a regular passport reissue after returning to India. Accordingly, the petition was disposed of with the above orders.
Issues considered
- Whether the High Court can direct the passport authority to reissue a passport for a petitioner stranded abroad.
- Whether the petitioner is entitled to an Emergency Certificate under Section 4(2)(a) of the Passports Act, 1967.
Legislation cited
- Passports Act, 1967 — s. 4(2)(a)
Subjects
- passport
- emergency certificate
- Passports Act 1967
- jurisdiction
- writ petition
- High Court
- foreign land
- Ministry of External Affairs
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39733 of 2026
Rajesh Yadav
.....Petitioner(s)
Versus
Union of India and others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Upadhyay, Dhiraj
Kumar Upadhyay
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. The petitioner's passport has expired on 18.09.2026 in a foreign land
i.e. the Kingdom of Saudi Arabia. He seeks a direction to the Passport
Authority to decide his application for reissue of a passport in accordance
with law.
2. We are afraid that in these circumstances, on the existing state of
things, this direction cannot be issued.
3. However, we direct that in the event, the petitioner makes an
application to the Consulate General of India, Jeddah, Kingdom of Saudi
Arabia or the Embassy, whoever might be the competent authority under
Section 4(2)(a) of the Passports Act, 1967 for the issue of an Emergency
Certificate, enabling him to travel back home, the Secretary, Ministry of
External Affairs, Government of India, New Delhi shall ensure that
appropriate orders are made on the said application and the necessary
certificate promptly granted to the petitioner.
4. It shall be open to the petitioner, once he returns to India, to make an
application to the jurisdictional Regional Passport Officer for the reissue
WRIC No. 39733 of 2026
2
of a passport.
5. The petition stands disposed of in terms of the orders aforesaid.
6. This order has been passed in the presence of learned Counsel for
parties.
7. Let this order be placed before the learned Additional Solicitor
General of India for urgent communication to respondent no. 1, within 24
hours next.
(Indrajeet Shukla,J.) (J.J. Munir,J.)
September 30, 2026
I. Batabyal
Digitally signed by :-
ISHAN BATABYAL
High Court of Judicature at Allahabad
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