KAMLESHKUMAR RAMESHKUMAR HALANIversusUNION OF INDIA

   C/SCA/5450/2026                                 JUDGMENT DATED: 01/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5450 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-

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          Approved for Reporting                  Yes          No
                                                               No
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                     KAMLESHKUMAR RAMESHKUMAR HALANI
                                   Versus
                            UNION OF INDIA & ORS.
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Appearance:
MR. NISARG D SHAH(7299) for the Petitioner(s) No. 1
SUNIL H PRAJAPATI(8350) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2,3
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  CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                              Date : 01/05/2026

                                JUDGMENT

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

2. By the present writ petition, the petitioner has prayed
for direction to issue renew/reissue a new passport to the
petitioner by deciding his application being Application
Reference No. (ARN) 26-0059426061.




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3.       Learned advocate 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   is   going      to      be      expired           on
10.05.2026, the petitioner had applied for re-issuance of
the      passport,        however,      the      respondent           has       not
reissued/renewed the passport on the ground of pendency
of two FIRs against the petitioner. He has submitted that
the petitioner has to travel to abroad but due to non-
renewal / non-issuance 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.

4. Mr. Pradip D. Bhate, learned advocate for the
respondent submits that the passport application of the
petitioner is to be processed in accordance with the GSR
Notification 570(E) dated 25.08.1993. He submits that
the citizens who are facing criminal proceedings have to
produce orders from the Court concerned permitting
them to depart from India.

5. Heard learned advocates for the parties, perused the
documents on record and considered the submissions.

6. At the outset, it is not in dispute that the application of


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   C/SCA/5450/2026                                   JUDGMENT DATED: 01/05/2026




the petitioner being Application Reference No. (ARN) 26-
0059426061           is   still   pending        before   the      concerned
respondent authority. Further, from the record it prima
facie appears that the FIRs filed against the petitioner is
only at the stage of investigation and as per the report of
the investigation officer, prima facie no evidence is found
against the petitioner.

7. At this stage, it is appropriate to refer 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


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  C/SCA/5450/2026                            JUDGMENT DATED: 01/05/2026




                    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 periodvalidity 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.”

8. 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



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issued for such a specified period.

9. 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 Magistrates 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) 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.



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     12. 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).

10. 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 (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.

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      C/SCA/5450/2026                                                               JUDGMENT DATED: 01/05/2026




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.

11. In view of the aforesaid reasons and observations, the
respondent                   authorities                 are         directed               to      decide             the
application of the being Application Reference No. (ARN)
26-0059426061 within period of 4 weeks from the date of
receipt of copy of present order and issue/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        Trial          Court            seeking
permission to travel abroad, which shall impose such
conditions as it deems fit and proper in case of the
petitioner.

12. With the aforesaid directions, the present Special
Civil Application is allowed and accordingly stands
disposed of. No order as to costs.

                                                                                             Sd/-
                                                                         (HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/05/2026 10:54:44




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