Sunil Bagai vs Union Of India & Anr on 8 May, 2026

    0
    29
    ADVERTISEMENT

    Delhi High Court – Orders

    Sunil Bagai vs Union Of India & Anr on 8 May, 2026

    Author: Purushaindra Kumar Kaurav

    Bench: Purushaindra Kumar Kaurav

                              $~40
                              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +         W.P.(C) 6311/2026 and CM APPL. 31015/2026
                                        SUNIL BAGAI                                                                     .....Petitioner
                                                                      Through:            The petitioner in person.
    
                                                                      versus
    
                                        UNION OF INDIA & ANR.                                                           .....Respondents
    
                                                                      Through:            Ms. Avshreya Pratap Singh Rudy,
                                                                                          (CGSC) Ms. Usha Jamnal, ⁠Ms. Nyasa
                                                                                          Sharma,. ⁠Mr. Ankit Khatri, Advocates
                                                                                          for UOI.
    
                              CORAM:
                              HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
                                                ORDER
    

    % 08.05.2026

    1. The petition is for the following reliefs:

    SPONSORED

    “a) Issue a writ of Certiorari or any other appropriate
    writ/order/direction thereby quashing and setting aside the impugned
    objection letter dated 09.04.2026 bearing Ref. No. OBJ/l 053416599/26
    issued by Respondent No.2;

    b) Issue a writ of Mandamus directing the Respondents to forthwith
    process Passport Application No. DLF077194579626 and renew/re-issue
    the Petitioner’s passport without insisting upon NOC from any criminal
    Court”

    2. The petitioner essentially seeks to challenge the objection letter dated
    09.04.2026 issued by respondent no. 2, whereby, the petitioner has been
    required to obtain no objection certificate (NOC) from a Criminal Court for
    renewal of petitioner’s passport.

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/05/2026 at 23:01:14

    3. It remains undisputed that a First Information Report (FIR) bearing
    no. 220/2025 has been filed against the petitioner. The FIR is registered at
    Police Station Vasant Kunj (North) for offence under Section 384, 506 and
    34 of the Indian Penal Code, 1860. It is the petitioner’s case that on the
    complaint having been received from petitioner’s neighbour, the FIR was
    registered. The said FIR has been challenged by the petitioner in W.P.
    (CRL) 3949/2025, wherein, the Court has issued the notice on 01.12.2025
    and the matter is pending.

    4. The petitioner, thus, contends that merely on the basis of the
    pendency of an FIR, the petitioner’s right for renewal of the Passport cannot
    be curtailed. The petitioner places reliance on a decision in the case of
    Mahesh Kumar Agarwal v. Union of India1.

    5. The Court has considered the aforesaid decision passed by the
    Supreme Court and finds that in paragraph no. 7.8, the same notification
    GSR 570(E) dated 25.08.1993 was also under consideration before the
    Supreme Court, which has been the basis of the impugned objection letter
    dated 09.04.2026. In paragraph nos. 7.8 to 11 of the said decision, the
    Supreme Court has held as under:

    “7.8. In exercise of the power under Section 22 of the Passports Act, the
    Central Government issued notification GSR 570(E) dated 25.08.1993. By
    this notification, citizens of India against whom proceedings in respect of
    an offence alleged to have been committed by them are pending before a
    criminal court in India were exempted from the operation of Section
    6(2)(f)
    , subject to conditions. The notification, inter alia, provides that:

    “(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

    1
    2025 SCC OnLine SC 2887

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/05/2026 at 23:01:14

    (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 for a
    period of 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;

    (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 the 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 a fresh court order specifying a
    further period of validity of the passport or specifying a period for
    travel abroad;

    (d) the said citizen shall give 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.”

    7.9. The Ministry of External Affairs thereafter issued the OM dated
    10.10.2019 (No. VI/401/1/5/2019). By this Office Memorandum, all
    Passport Authorities were directed to apply GSR 570(E) strictly in cases
    where criminal proceedings are pending, to insist on an undertaking in
    terms of the notification, and to treat a “no objection certificate” or
    permission granted by a criminal court as prevailing over an adverse
    police report, while keeping in view that in cases covered by Section
    6(2)(f)
    the passport is ordinarily to be issued for a shorter period,
    consistent with the scheme of the Passports Act and the Passport Rules.

    8. From a conjoint reading of Sections 5, 6, 7 and 8 of the Passports Act,
    a structured scheme emerges. Section 5 is the starting point. It prescribes
    the manner in which an application for a passport is to be made and
    requires the passport authority, subject to the other provisions of the Act,
    to decide the application by issuing or refusing the passport through a
    written order. Section 6 qualifies that power and sets out, in an exhaustive
    manner, the grounds on which the passport authority shall refuse to issue
    a passport or travel document. Sub-section (1) deals with refusal of
    endorsements for particular countries. Sub-section (2) governs refusal of
    issue itself and again begins with the words “subject to the other

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/05/2026 at 23:01:14
    provisions of this Act”. It obliges the authority to refuse issue where any
    of the situations in clauses (a) to (i) are present, including the pendency of
    criminal proceedings before a court in India under clause (f). Section 7
    then addresses the duration of a passport. It provides that a passport shall
    continue in force for such period as may be prescribed, but also permits
    the authority, for reasons to be communicated in writing to the applicant,
    to issue a passport for a shorter period in an appropriate case. Section 8
    deals with the converse situation where a passport has already been
    issued for a shorter period. It permits extension of such a passport, but
    expressly states that the provisions of the Act shall apply to such extension
    as they apply to the issue of the passport, thereby linking an extension
    back to the same statutory conditions and limitations that govern original
    issue under Sections 5 and 6.

    9. Sections 9, 10 and 22 reinforce and complete this framework. Section 9
    enables the Central Government, by rules, to prescribe the conditions
    subject to which and the form in which a passport shall be issued or
    renewed. It also permits, with prior approval of the Central Government,
    the imposition of case-specific conditions in addition to the prescribed
    ones. Section 10 operates at a later stage and deals with the life of a
    passport after it has been issued. It empowers the passport authority, in
    defined situations, to require production of the passport and to impound
    or revoke it. One such situation, under Section 10(3)(e), is where
    proceedings in respect of an offence alleged to have been committed by
    the holder are pending before a criminal court in India. Section 22 then
    confers on the Central Government the power, where it considers it
    necessary or expedient in the public interest, to exempt any person or
    class of persons from the operation of specified provisions of the Act or
    the Rules, subject to conditions. It is in exercise of this power that GSR
    570(E) was issued, creating a controlled exemption from the bar in
    Section 6(2)(f) in favour of persons facing criminal proceedings who
    obtain permission from the concerned court and comply with the
    conditions set out in that notification.

    10. On a plain reading, GSR 570(E) does two things. First, it recognises
    that persons facing criminal proceedings are not to be treated as
    absolutely disentitled to a passport. Instead, it permits such persons to
    obtain a passport, notwithstanding Section 6(2)(f), where the concerned
    criminal court has applied its mind and passed an order in relation to
    issuance or use of the passport and where the applicant furnishes an
    undertaking to appear before the court as and when required. Secondly, it
    structures the exercise of that exemption by tying the validity and use of
    the passport to the terms of the court’s order. Thus, where the court
    specifies a period for which the passport is to be issued, the passport
    authority must honour that period. Where the court does not stipulate any
    period, the notification provides default rules, including issuance for a

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/05/2026 at 23:01:14
    shorter period, ordinarily one year, in appropriate cases. What the
    notification does not do is to create a new substantive bar beyond Section
    6(2)(f)
    , or to insist that the criminal court must, in every case, grant a
    prior blanket permission to “depart from India” for specified dates as a
    jurisdictional precondition to the very issue or re-issue of a passport.

    11. The OM dated 10.10.2019 does not create a new regime. It reiterates
    that GSR 570(E) must be “strictly applied”, explains the procedure where
    criminal cases are pending and makes it clear that a “no objection
    certificate” or permission from the criminal court, read with the
    applicant’s undertaking, may override an adverse police report with
    reasons recorded by the Passport Officer. It also contemplates situations
    where more than one court is dealing with the matter and indicates that
    the orders of all such courts are to be read together. The OM is thus an
    administrative restatement of the position under Section 6(2)(f), Section 22
    and GSR 570(E), and cannot add to or cut down the exemption which the
    notification itself grants.”

    6. Furthermore, this Court in Mukul Mittal v. Superintendent Policy
    Regional Passport Office2, while adjudicating over the same Notification
    GSR 570(E) dated 25.08.1993 held that:

    “29.The notification further clarifies that the mere registration of FIRs or
    pendency of investigation does not fall within the ambit of Section 6(2)(f).
    Criminal proceedings can be said to be pending against an applicant only
    where a case has been instituted before a court of law and the court has
    taken cognizance thereof……….

    30. Again, an Office Memorandum dated 06.12.2024 was issued by the
    Ministry of External Affairs, through its PSP Division, purporting to
    ‘clarify’ that there is no legal provision requiring an applicant to obtain
    permission/ No Objection Certificate (NOC) from the concerned Court for
    the issuance/ re-issuance of a passport. Instead, the applicant is required to
    obtain permission from the concerned Court specifically to depart from
    India……….

    xxxxxxx

    35. Notably, the Supreme Court in Mahesh Kumar Agarwal vs. Union of
    India & Anr.
    (supra) has held that Section 6(2)(f) and GSR 570(E), read
    with the (Office Memorandums/ notifications issued to clarify the said GSR)
    cannot be read so as to convert a qualified restriction, designed to secure
    the presence of an accused, into a near-permanent disability to hold a valid
    passport, even where the criminal courts themselves do not consider such a

    2
    2026:DHC:832.

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/05/2026 at 23:01:14
    disability necessary. It is also evident that where permission is granted by
    the court for renewal of a passport, even if the same is expressed in generic
    terms and not in the exact phraseology used in GSR 570 (E), the same shall
    be construed as satisfying requirements of GSR 570 (E). In such a situation,
    the passport shall be renewed for the period directed by the Court where the
    period is not specified by the Court, the passport would be renewed for a
    period of one year in terms of GSR 570 (E) read with the above mentioned
    notifications and the office memorandum.”

    7. It is, thus, seen that the case of the petitioner for renewal of the
    passport will have to be reconsidered by the Passport Authority keeping in
    mind the principles laid down in the case of Mukul Mittal and Mahesh
    Kumar Agarwal.

    8. On instructions, Ms. Avshreya Pratap Singh Rudy, learned CGSC for
    the Union of India, also confirms that the petitioner’s application is under
    consideration, however, a communication dated 15.04.2026 has been sent to
    the concerned Police Station seeking detailed status report regarding
    criminal case and the present stage of proceedings. Since the response is
    awaited, therefore, the final decision has not been taken.

    9. Since the petitioner has himself disclosed that an FIR is pending and
    the said FIR is also sub judice before this Court, the same, however, shall
    not be the sole reason to reject the petitioner’s application or to deny the
    renewal of the petitioner’s passport.

    10. In any case, let the final decision be taken within a period of 15 days
    from the date of receipt of a copy of this order passed today.

    11. With the aforesaid directions, the petition, along with the pending
    application, stands disposed of.

    12. Dasti.

    PURUSHAINDRA KUMAR KAURAV, J
    MAY 8, 2026/aks/nk

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 08/05/2026 at 23:01:14



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here