Andhra Pradesh High Court Rules: Mere Pendency of Crime Not Grounds for Passport Denial

In a significant ruling, the Andhra Pradesh High Court has clarified that the mere pendency of a criminal case does not automatically disqualify an individual from obtaining a passport. The judgment, delivered by a single-judge bench headed by Hon’ble Mr. Justice Ninala Jayasurya, emphasized that while the existence of a criminal case may not be an impediment, applicants must obtain necessary orders from the competent Criminal Court where the case is pending.

The case, titled Sonti Sivarama Prasad Vs Union of India, involved a petitioner who was denied a passport by Respondent No. 2 due to pending criminal cases against him. The petitioner challenged this denial through a writ petition.

The petitioner argued that the mere pendency of criminal cases should not serve as grounds for passport denial, a contention that the court upheld. However, the court clarified that applicants must obtain relevant orders from the court where the criminal case is pending to proceed with the passport application process.

In this case, the petitioner’s criminal case was pending before the II Addl. Chief Metropolitan Magistrate, Vijayawada. Therefore, the court directed the petitioner to seek appropriate orders from the concerned court before proceeding with the passport application.

The court’s decision underscores the principle that the pendency of a criminal case alone does not justify passport denial, but applicants must comply with legal procedures and obtain necessary approvals from the courts involved.

With this directive, the court disposed of the petition, providing clarity on the process for passport issuance in cases involving pending criminal matters.

The ruling highlights the importance of balancing individual rights with legal requirements, ensuring fair treatment and due process in passport application procedures.

Case Title: Sonti Sivarama Prasad Vs Union of India Coram: Hon’ble Mr. Justice Ninala Jayasurya Case No.: WRIT PETITION No. 4309 of 2024 Advocate for the Petitioner: M/s. Pillix Law Firm Advocate for the Respondents: Mr. S. Dilip Jayaram, S.C for Central Government

If you like this law news, share it with a friend!