Safik Khokhar vs State Of Rajasthan … on 13 March, 2026

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    Rajasthan High Court – Jodhpur

    Safik Khokhar vs State Of Rajasthan … on 13 March, 2026

    Author: Farjand Ali

    Bench: Farjand Ali

    [2026:RJ-JD:12284-DB]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                              JODHPUR
                D.B. Criminal Misc. Appli No. 170/2026
    
    Safik Khokhar S/o Shri Alaudeen Khokhar, Aged About 30 Years,
    R/o Khokhar Gali Ward No. 27, Sardar Sahar, Dist. Churu Raj.
    (At Present On Bail, Sentence Suspended By This Hon'ble Court
    Vide Order Dated 08-04-2024)
                                                                          ----Petitioner
                                           Versus
    State Of Rajasthan, Through Public Prosecutor
                                                                        ----Respondent
    
    
    
    For Petitioner(s)            :     Mr. Harsh Shekhawat
    For Respondent(s)            :     Mr. C.S. Ojha, AGA
    
    
    
                  HON'BLE MR. JUSTICE FARJAND ALI

    HON’BLE MR. JUSTICE SANDEEP SHAH

    Order

    SPONSORED

    13/03/2026

    1. The instant criminal miscellaneous application under Section

    528 of the BNSS read with Section 430 of the BNSS has been

    preferred on behalf of the applicant with a prayer that he may be

    permitted to avail passport facilities and to undertake travel

    abroad.

    2. Briefly stating the facts of the case are that the applicant

    was convicted and sentenced to life imprisonment by the learned

    trial court in Sessions Case No. 119/2017 vide judgment dated

    20.12.2023 under, inter alia, Section 302/149 IPC. The said

    conviction is under challenge before this Court in D.B. Criminal

    Appeal No. 50/2024. While being on bail during the pendency of

    the appeal, the applicant applied for passport facilities; however,

    the Regional Passport Office Jaipur issued a show cause notice on

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    the ground of pendency of criminal proceedings, requiring the

    applicant to obtain permission from this Court in terms of the

    Passports Act, 1967.

    3. We have heard the learned counsel appearing on behalf of

    the applicant and learned AGA as well as perused the material

    available on record.

    4. It is significant to note here that the Passports Act, 1967

    does not confer absolute power upon a citizen to obtain passport.

    Section 6(1) & (2) of the Act prescribe certain

    conditions/eventualities when the passport authority is required to

    turn down request to make an endorsement or issue passport

    which includes a condition when an applicant is an accused in a

    criminal case. Relevant extract of section 6(2) is reproduced

    hereinbelow:-

    “(2) Subject to the other provisions of this Act, the passport
    authority shall refuse to issue a passport or travel document
    for visiting any foreign country under clause (c) of sub-

    section (2) of section 5 on any one or more of the following
    grounds, and on no other ground, namely:–

    (a) that the applicant is not a citizen of India;

    (b) that the applicant may, or is likely to, engage outside
    India in activities prejudicial to the sovereignty and integrity
    of India; (c) that the departure of the applicant from
    India may, or is likely to, be detrimental to the security of
    India;

    (d) that the presence of the applicant outside India may, or
    is likely to, prejudice the friendly relations of India with any
    foreign country;

    (e) that the applicant has, at any time during the period of
    five years immediately preceding the date of his application,
    been convicted by a court in India for any offence involving
    moral turpitude and sentenced in respect thereof to
    imprisonment for not less than two years;

    (f) that proceedings in respect of an offence alleged
    to have been committed by the applicant are pending
    before a criminal court in India;

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    (g) that a warrant or summons for the appearance, or a
    warrant for the arrest, of the applicant has been issued by a
    court under any law for the time being in force or that an
    order prohibiting the departure from India of the applicant
    has been made by any such court;

    (h) that the applicant has been repatriated and has not
    reimbursed the expenditure incurred in connection with
    such repatriation;

    (i) that in the opinion of the Central Government the issue
    of a passport or travel document to the applicant will not be
    in the public interest.”

    4.1 To diminish the rigour of sub-section (2)(f) of section 6, the

    Central Government has issued a notification dated 28.06.1993

    which enables the passport authority to issue passport even in the

    case of a person covered by clause (f) of sub-section (2) of

    section 6 of the Act. The notification dated 28.06.1993 is

    reproduced as under in its entirety:-

    “GSR 570(E)- In exercise of the powers conferred by clause

    (a) of 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. GSR 298(E)
    dated the 14″ 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 offence 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 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;

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    (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 afresh 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.”

    4.2 The aforementioned notification provides that upon

    production of an order from the Court, an application for grant of

    passport shall be considered. In case the order of the Court does

    not disclose the period for which the passport is to be issued,

    then, the passport authority will issue the passport for a period of

    one year only or as the case may be. An accused desirous of

    seeking permission or order of getting exemption from rigour of

    clause (f) of section 6(2) of the Act in terms of the notification

    dated 28.06.1993 may or may not specify the period of stay and

    place of visit, but in an appropriate case, Court can still consider

    his request and pass an order in this regard. Court’s duty in

    dealing with such ‘application’ is to see the nature of offence and

    the necessity of travel. An order in terms of the notification dated

    28.06.1993 cannot be passed as a matter of course/or in routine.

    Notification dated 28.06.1993 requires the Court to grant

    permission to travel abroad and on the basis of such order, the

    passport is required to be issued.

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    5. In the constitutional framework, the freedom to move and to

    travel, though subject to regulation by law, forms an integral facet

    of personal liberty protected under Article 21 of the Constitution of

    India. While such freedom is not absolute, any regulatory restraint

    must remain grounded in law and proportionate to the object

    sought to be achieved, and cannot be permitted to assume the

    character of a punitive or indefinite restriction in the absence of

    adjudicated guilt. It is in this limited backdrop that the grievance

    raised in the present application concerning issuance of the

    applicant’s passport falls for consideration.

    6. The scope and interplay of Section 6(2)(f) and Notification

    No. G.S.R. 570(E) has been examined authoritatively by the

    Supreme Court in Mahesh Kumar Agarwal v. Union of India &

    Anr. [Civil Appeal No. 15096 of 2025 arising out of SLP (Civil) No.

    17769 of 2025], decided on 19.12.2025. The Supreme Court has

    clarified that Section 6(2)(f) does not operate as an absolute or

    inflexible bar to issuance or renewal of a passport merely on

    account of pendency of criminal proceedings. While construing the

    notification, the Supreme Court has observed:-

    “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.” (para 10)

    7. The Supreme Court has further explained the limited

    statutory purpose underlying the restriction contained in Section

    6(2)(f), holding:-

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    “The legitimate purpose behind Section 6(2)(f) and Section
    10(3)(e)
    is to ensure that a person facing criminal
    proceedings remains amenable to the jurisdiction of the
    criminal court.” (para 21)

    8. The restriction is thus regulatory and purpose-oriented, and

    cannot be permitted to assume the character of a punitive or

    indefinite civil disability. The provision is intended to secure the

    presence of the accused before the criminal court and not to

    impose collateral consequences unrelated to that object.

    9. A significant facet of the Supreme Court’s reasoning lies in

    the clear distinction drawn between possession of a passport and

    permission to travel abroad. In this regard, it has been observed:-

    “It is important to keep distinct the possession of a valid
    passport and the act of travelling abroad. A passport is a
    civil document that enables its holder to seek a visa and,
    subject to other laws and orders, to cross international
    borders. Whether a person who is on bail or facing trial may
    actually leave the country is a matter for the criminal court,
    which can grant or withhold permission, impose conditions,
    insist on undertakings, or refuse leave altogether.” (para 22)

    10. The above distinction assumes particular significance in the

    present case. The applicant has not sought permission to travel

    abroad. The prayer is confined to issuance of the passport as a

    civil document of identity. Issuance/Renewal of a passport, by

    itself, does not dilute or override such judicial control.

    11. The Supreme Court has also cautioned against administrative

    insistence on speculative or future travel permissions at the stage

    of passport renewal, holding:-

    “The passport authority is not required, at the renewal
    stage, to demand a schedule of future journeys or visas
    which may not yet exist.” (para 16)

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    12. In this backdrop, withholding issuance/renewal of the

    applicant’s passport merely on the ground that the criminal

    proceedings have not been disposed of would neither advance the

    object of the statute nor satisfy the requirement of proportionality.

    The applicant is not a convicted person, continues to be bound by

    judicial conditions regulating foreign travel, and there is nothing

    on record to suggest that issuance/renewal of the passport would

    prejudice the prosecution or impede the administration of justice.

    13. Before issuing final directions, this Court deems it

    appropriate to crystallise the legal position emerging from the

    discussion. Section 6(2)(f) of the Passports Act, 1967 does not

    contemplate an absolute or automatic embargo on issuance or

    renewal of a passport solely on account of pendency of criminal

    proceedings. The restriction is qualified, purpose-oriented, and

    intended only to secure the amenability of an accused to criminal

    jurisdiction. Where no restraint has been imposed by the criminal

    court on possession of a passport, no permission to travel abroad

    is sought, and judicial control over foreign travel continues to

    subsist, denial or deferment of issuance/renewal ceases to bear a

    rational nexus with the statutory object.

    14. The exemption notification issued under Section 22 of the

    Act, namely Notification No. G.S.R. 570(E) dated 25.08.1993,

    reinforces this interpretation by recognising that persons facing

    criminal proceedings are not to be treated as wholly disentitled to

    a passport. The notification regulates the manner of issuance in

    appropriate cases, but does not convert issuance/renewal of a

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    passport into an indirect or anticipatory mechanism of travel

    control.

    15. The distinction between issuance/renewal of a passport and

    permission to leave the country remains fundamental.

    Issuance/Renewal merely enables possession of a valid civil

    document of identity and does not, by itself, confer any right to

    travel abroad or dilute the authority of the criminal court. Where a

    subsisting judicial order already restrains an accused from leaving

    India without prior permission, the concern underlying Section

    6(2)(f) stands adequately addressed.

    16. In the facts of the present case, the appeal preferred by the

    appellant against his conviction, being D.B. Criminal Appeal No.

    50/2024, already stands admitted by this Court for further

    consideration and appreciation of evidence. Having regard to the

    pendency of a large number of matters, there appears to be no

    immediate likelihood of the appeal being taken up for final

    disposal in the near future. It is also not in dispute that the

    appellant has been enlarged on bail during the pendency of the

    appeal and, as per the material available on record, no other

    criminal case is reported to be pending against him. In these

    circumstances, a blanket refusal to permit the appellant to obtain

    a passport merely on account of the pendency of the appeal would

    appear to be somewhat unreasonable. This Court is also conscious

    of the fact that, should the appeal ultimately culminate in favour

    of the appellant, the deprivation suffered by him in the

    interregnum may not be capable of being undone. The loss

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    occasioned during the pendency of the appeal would remain

    irreparable. Consequently, balancing the equities and the

    circumstances obtaining in the case, this Court deems it

    appropriate to direct that the appellant shall not be denied the

    facility of obtaining a passport merely on the ground of pendency

    of the appeal.

    16. The present case stands at par with the case considered by

    the Hon’ble Supreme Court in Mahesh Kumar (supra), wherein the

    appellant had suffered a conviction in a separate matter and his

    sentence was suspended. In such circumstances, the Hon’ble

    Supreme Court disapproved a rigid or mechanical application of

    Section 6(2)(f). In the present case as well, the applicant, though

    convicted by the learned trial court, has preferred an appeal and

    the sentence stands suspended by this Court. Thus, the mere

    existence of a conviction, by itself, cannot justify an automatic

    denial or curtailment of passport rights without due application of

    mind.

    17. As regards the period of validity, this Court finds no legal or

    rational basis to direct a truncated or short-term

    issuance/renewal. The criminal case arises from an FIR of the year

    2017 and the trial has remained in abeyance for a considerable

    length of time, with no certainty as to when the proceedings may

    recommence or reach finality. To compel the applicant, to

    repeatedly approach the Passport Authority or the Court for

    issuance/renewal at short intervals, despite not seeking

    permission to travel abroad, would impose an unreasonable and

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    disproportionate burden unconnected with the object of the

    statute. Once the concern underlying Section 6(2)(f) stands

    sufficiently addressed through subsisting judicial control over

    foreign travel, there is no justification to deny issuance/renewal

    for the full standard validity period prescribed under law.

    18. For the reasons aforesaid, the instant application is allowed.

    Accordingly, it is ordered that the passport of the appellant may

    be issued in accordance with law, notwithstanding the pendency of

    the appeal before this Court.

    19. The applicant shall place a copy of this order before the

    concerned Regional Passport Officer, who shall process and

    issue/renew the applicant’s passport for the full standard validity

    period of ten years, subject to fulfillment of statutory

    requirements and in accordance with law.

    20. Issuance/Renewal of the passport shall not, by itself, entitle

    the applicant to travel abroad. Prior permission of the competent

    criminal court shall be obtained before any such travel.

    21. This order is confined to the facts of the present case and

    shall not be construed as limiting the jurisdiction of the criminal

    court to impose appropriate conditions in accordance with law.

                                       (SANDEEP SHAH),J                                                    (FARJAND ALI),J
                                        87-Mamta/-
    
    
    
    
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