MAHESHKUMAR MANGALDAS PRABHAKARversusTHE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE AHMEDABAD

     C/SCA/17634/2025                            JUDGMENT DATED: 17/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 17634 of 2025


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

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             Approved for Reporting             Yes  No
                                                      ✔
==========================================
            MAHESHKUMAR MANGALDAS PRABHAKAR
                             Versus
  THE REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE
                     AHMEDABAD & ANR.
==========================================
Appearance:
KAIVAN M DASTOOR(9322) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2
==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                            Date : 17/04/2026

                            ORAL JUDGMENT


1.       RULE returnable forthwith. Learned Standing Counsel waives
service of notice of rule on behalf of the respondents.

2.       With the consent of learned counsel for the respective parties,
the present petition is taken up for hearing.

3.       Present petition is filed by the petitioner under Article 226 of
the Constitution of India and under the provisions of the Passport Act


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seeking direction to respondent – passport authority to issue passport
for a period of 10 years to the petitioner and to decide the application
preferred by the petitioner.

4.       Heard learned counsel for the petitioner and learned counsel
Standing Counsel for the respondents - authorities.

5.       Learned counsel for the petitioner has submitted that under the
prevalent rules of the GSR Notification 570(E) dated 25.08.1993, the
respondent authority has to renew the passport of the petitioner for a
period of 10 years. He has submitted that as the validity of the
petitioner’s passport was expired, the petitioner had applied for
renewal of the passport for the period of 10 years, however, the
respondent has not renewed the passport on the ground that the
criminal case is pending and he is yet not charge sheeted in the
offences. He has submitted that the petitioner has to travel to abroad
but due to non-renewal of the passport, he is not able to visit. He has,
therefore, submitted that appropriate direction be passed since the
petitioner is well settled and has no intention of absconding.


5.1      Learned counsel for the petitioner in support of his submissions
has relied upon the judgment of the Division Bench of Bombay High
Court reported in 2014 SCC Online Bom 356 Narendra K.
Ambwani Vs. Union of India & Ors. wherein the Bombay High
Court has issued guidelines to be followed by the passport authorities
where the Trial Court has directed that the passport may be renewed
as per the rules.


6.       Per contra, learned Standing Counsel for the respondents has


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     C/SCA/17634/2025                               JUDGMENT DATED: 17/04/2026




submitted that the passport of the petitioner has been renewed from
time to time in terms of the GSR Notification 570(E) dated
25.08.1993. He submits that where the order of the Trial Court grants
permission to travel abroad for a period of less than 1 year but does
not specify the period, the passport has to be renewed only for 1 year.
He submits that in view of said Notification, the passport authorities
have issued the passport as per the rules and the prevalent
notifications. He submits that, however, there is no restriction on this
Court to issue a direction for issuance of the passport for a certain
period of validity as per the rules. He, therefore, submits that
appropriate directions be passed accordingly.


7.       Considered the submissions and perused the documents on
record.


8.       The GSR Notification 570(E) dated 25.08.1993 reads as under:-


          G.S.R 570 (E)-In exercise of the powers conferred by
          clause (a) of the Section 22 of the Passports Act 1967
          (15 of 1967) and in supersession of the notification of
          the Government of India in the Ministry of External
          Affairs No. G.S.R. 298(E), dated the 14th April, 1976,
          the Central Government, being of the opinion that it is
          necessary in public interest to do so, hereby exempts
          citizens of India against whom proceedings in respect
          of an offences alleged to have been committed by
          them are pending before a criminal court in India and
          who produce orders from the court concerned
          permitting them to depart from India, from the
          operation of the provisions of Clause (f) of sub-section
          (2) of Section 6 of the said Act, subject to the following
          conditions, namely :-

          (a) the passport to be issued to every such citizen


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     C/SCA/17634/2025                               JUDGMENT DATED: 17/04/2026




          shall be issued-

          (i) for the period specified in order of the court
          referred to above, if the court specifies a period for
          which the passport has to be issued; or

          (ii) if no period either for the issue of the passport or
          for the travel abroad is specified in such order, the
          passport shall be issued or a period one year.

          (iii) if such order gives permission to travel abroad for
          a period less than one year, but does not specify the
          period validity of the passport, the passport shall be
          issued for one year; or

          (iv) if such order gives permission to travel abroad for
          a period exceeding one year, and does not specify the
          validity of the passport, then the passport shall be
          issued for period of travel abroad specified in the
          order.

          (b) any passport issued in terms of (a) (ii) and (a) (iii)
          above can be further renewed for one year at a time,
          provided the applicant has not travelled abroad for the
          period sanctioned by the court and provided further
          that, in the meantime, the order of the court is not
          cancelled or modified.

          (c) any passport issued in terms of (a) (i) above can be
          further renewed only on the basis of 3 fresh court
          order specifying a further period of validity of the
          passport or specifying a period for travel abroad;

          (d) the said citizen shall given an undertaking in
          writing to the passport issuing authority that he shall if
          required by the court concerned, appear before it at
          any time during the continuance in force of the
          passport so issued.


9.       Clause (ii) thereof states that if there is no period specified in
the order passed by the Trial Court for issuance of passport, the



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   C/SCA/17634/2025                              JUDGMENT DATED: 17/04/2026




passport shall be issued for a period of 1 year. The said Notification
also specifies in Clause (i) that if the Court specifies the period for
which the passport has to be issued, then the passport shall be issued
for such a specified period. In the present case, the passport authority
has processed the renewal application of the petitioner for a period of
1 year since the Trial Court has not specified any period in its order.


10.    The Division Bench of the Bombay High Court in writ petition
No.361 of 2014 dated 13.03.2014 has held thus:-


        10. In the circumstances, we propose to issue
        guidelines to be followed by the Respondents on
        receipt of the applications for renewal of the
        passports, in all cases, where the Magistrate's court
        has directed that the passports may be renewed as
        per the "Rules".

        11. Accordingly, we issue the following directions :-

        (a) In all cases where the Magistrate's court directs
        renewal of the passports under the Rules, the Passport
        Rules, 1980 shall apply and passports other than for a
        child aged more than 15 years shall be renewed for a
        period of ten years or twenty years as the case may
        be from the date of its issue. All qualifying applicants
        are entitled to have passport renewed for atleast ten
        years. The Regional Passport Office shall renew the
        passports of such qualifying applicants atleast for ten
        years.

        (b) In case where the passports are valid and the
        applicants hold valid visas on existing passport, the
        Regional Passport Officer shall issue the additional
        booklet to the same passport provided the applicant
        had obtained permission to travel abroad.

        (c) If the learned Magistrate passes an order making
        the reference to the said Notification No. G.S.R. 570(E)


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        dated 26th August, 1993, the passport shall be
        renewed only for such period that the Magistrate may
        specify in the order or as otherwise specified in the
        said Notification where the passport of the applicant is
        valid for less than one year, the additional booklet
        may be issued subject to the orders to be obtained in
        this behalf only of the Magistrate concerned.


11.    For avoidance of doubt, we clarify that the guidelines set out
herein will be applicable only in the cases where the learned
Magistrate ordered renewal of the passports as per Passport Rules,
1980 and to no other. In other cases, where the learned Magistrate
had granted permission to the accused persons to depart from India,
the provisions of Section 6(2)(f) of the Passports Act, 1967 and the
Notification(s) issued thereunder from time to time by the Ministry of
External Affairs or such other competent authority so empowered, will
continue to apply and directions permitting the accused persons to
depart from India and/or the orders permitting renewal of the
passports of such accused persons shall continue to be governed by
such Notification(s).


12.    Though the said decision is not binding on this Court, it has
certainly a persuasive value. In the considered opinion of this Court,
the ratio of the said judgment squarely applies in the facts and
circumstances of the present case. The Central Government has
issued a Notification by exercising powers vested in it under Section
6(2)(f) of the Passport Act, 1967 being GSR Notification 570(E) dated
25.08.1993. There being an ambiguity under the provisions of the Act,
the Rules and the GSR Notification 570(E) dated 25.08.1993 issued by
the passport authority, the Division Bench of the Bombay High Court
has clarified the said ambiguity in case of Narendra K. Ambwani


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     C/SCA/17634/2025                                                                JUDGMENT DATED: 17/04/2026




(supra). This Court is also of the considered opinion that the passport
authorities do not have any authority to decide whether the accused
has a right to travel abroad and such authority is only vested in the
Trial Court which can impose conditions if an application is made
seeking permission to travel abroad. This Court is of the considered
opinion that the directions issued by the Bombay High Court are
binding upon the passport authorities to renew the passport for a
period of 10 years as per the Act and the Rules.


13.       In view of the aforesaid reasons and observations, the
respondent authority is directed to renew the passport of the
petitioner for a period of 10 years. However, it is clarified that if the
petitioner has to undertake any travel abroad, he will have to make
appropriate application to the concerned Court seeking permission to
travel abroad, which shall impose such conditions as it deems fit and
proper in case of the petitioner. The application for renewal of the
passport made by the petitioner, if any, be decided expeditiously
within a period of 4 weeks from the date of receipt of this order.


14.       With the aforesaid directions, the present Special Civil
Application is allowed and accordingly stands disposed of. Rule is
made absolute to the aforesaid extent. No order as to costs. Direct
service is permitted.

                                                                    (HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/04/2026 16:34:55




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