SC Strengthens Rule of Law in Passport Renewal Cases
Judgment dated 19.12.2025 of the Supreme Court of India in SLP (Civil) No.17769 of 2025 of Mahesh Kumar Agarwal Vs. Union of India and others
Renewal of Passport & Pending Criminal Case – Section 22 of the Passports Act
The appellant is accused no.18 in the charge-sheet filed by NIA in the case of alleged extortion, levy collection and related activities in the coal mining areas including alleged funding of a proscribed organization.
The High Court directed that the appellant shall deposit his passport in the trial Court and also not to leave India without prior permission.
By the order dated 10.7.2023, the NIA Court, Ranchi, directed that the passport of the appellant be handed over to him for the limited purpose of renewal.
Thereafter, the Delhi High Court granted no objection and permission for renewal of passport for ten years, vide order dated 4.9.2023.
On 22.9.2023, the appellant filed application for renewal of passport and mentioned about NIA criminal case also orders passed by the Courts.
On 17.10.2023, the appellant appeared before RPO, Kolkata and produced certified copies of orders.
However, the application was rejected in view of statutory bar under Section 6(2)(f) of the Passports Act that the permission to travel abroad in the pending NIA case was not granted.
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SC Strengthens Rule of Law in Passport Renewal Cases
Liberty, in our constitutional scheme, is not a gift of the State but its first obligation.
The freedom of a citizen to move, to travel, to pursue livelihood and opportunity, subject to law, is an essential part of the guarantee under Article 21 of the Constitution of India.
