SUBHADRABEN RASIKBHAI PATELversusREGIONAL PASSPORT OFFICE, AHMEDABAD

       C/SCA/4015/2026                           ORDER DATED: 04/05/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 4015 of 2026

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                SUBHADRABEN RASIKBHAI PATEL
                             Versus
        REGIONAL PASSPORT OFFICE, AHMEDABAD & ANR.
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Appearance:
JR PANDYA FOR DHANESH R PATEL(8226) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                           Date : 04/05/2026

                             ORAL ORDER


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

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
seeking direction to the respondents to renew the passport of the
petitioner herein for a period of ten years.

4.      Heard Ms.J.R.Pandya, learned counsel for Mr.Dhanesh Patel,
learned counsel for the petitioner and Mr.Pradip Bhate, learned
counsel Standing Counsel for the respondents.

5.      Ms.Pandya, learned counsel for the petitioner has submitted
that under the prevalent rules of the GSR Notification 570(E) dated


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     C/SCA/4015/2026                               ORDER DATED: 04/05/2026




25.08.1993, the respondent authority has to renew the passport of
the petitioner for a period of 10 years. She submits that the trial
against the petitioner has been pending and during the pendency of
the trial, the petitioner’s passport has expired in the year 2026. She
has submitted that as the validity of the petitioner’s passport was
expired on 06.03.2026, she 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. She has
submitted that the petitioner has to travel to abroad but due to non-
renewal of the passport, she is not able to visit. She has, therefore,
submitted that appropriate direction be passed since the petitioner is
well settled and has no intention of absconding.


6.    Per contra, Mr. Pradip D. Bhate, learned Standing Counsel for
the respondents has 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.




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     C/SCA/4015/2026                                    ORDER DATED: 04/05/2026




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 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


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      C/SCA/4015/2026                                  ORDER DATED: 04/05/2026




         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
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.



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      C/SCA/4015/2026                                  ORDER DATED: 04/05/2026




         (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) 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



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          C/SCA/4015/2026                                                               ORDER DATED: 04/05/2026




 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
 (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, she 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 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.


                                                                      (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 04/05/2026 17:34:39




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