Navigating Passport Renewal with a Pending Criminal Case

Title credits: HI (Human Intelligence) + AI (Artificial Intelligence #ChatGPT)

A pending criminal case can be a daunting obstacle in the passport renewal process, but it doesn't have to put your travel plans on hold.

"The world is a book, and those who do not travel read only one page." - Saint Augustine

In India, the Passport Act of 1967 gives the government the authority to deny, impound or revoke a passport if it is in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public. It has been seen that in certain cases, the government has denied renewal or issuance of passports to individuals having pending criminal cases.

A Bombay High Court judgement in the case of Nijal Navin Shah vs. State of Maharastra (Criminal Application No. 1193 of 2022) has clarified that an individual with pending criminal cases can renew their passport, subject to checks and scrutiny for eligibility required under the provisions of Passport Act.

Considering the present case of the applicant Nijal Shah has a pending criminal case under Section 406 (criminal breach of trust), Section 420 (cheating & dishonesty), and Section 120(b) read with 34 (criminal conspiracy) of the Indian Penal Code, 1860 against him. He needed to renew his passport but the application was rejected basis the investigation is pending; one of the accused is absconding and there are chances of tampering with evidence.

But with this court ruling, Nijal will be able to renew his passport as he abided by all the conditions laid down by the Session judge at the time of pre-arrest bail and travelled to the USA during the investigation. He has an immoveable property in Mumbai and his son is working in Melbourne, Australia. There is no material on record to show that the applicant carries flight risk. This ruling protects the applicant’s constitutional right to travel (freedom of movement).

In short, the recent court judgement in India has opened the door for individuals with pending criminal cases to renew their passports and explore the world. It is recommended to consult an advocate for guidance and be prepared with the required documents to support the application.

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