Passport can't be refused just because a criminal case is pending, Andhra Pradesh high court rules

NEW DELHI: The Andhra Pradesh high court has ruled that a passport application cannot be denied or delayed just because a criminal case is pending against the applicant, especially when no court has yet started hearing the case.Justice Subba Reddy Satti passed the order while hearing a petition filed after a passport application was put on hold because of a police verification report. The Regional Passport Officer had issued a notice pointing to the petitioner's alleged involvement in a criminal case, as per a report by LiveLaw.What was the dispute?The petitioner had applied for a passport with a validity of 10 years. However, the application was stalled after the Regional Passport Officer in Visakhapatnam issued a notice on May 15, 2026.

The notice referred to a police verification report linking the petitioner to a criminal case registered at Patamata Police Station.The petitioner then approached the high court, arguing that the passport authority's decision was illegal, arbitrary and violated his rights under Articles 14 and 21 of the Constitution. He also sought a direction to process his passport application without considering the pending criminal case.

His lawyer argued that a passport cannot be refused just because a criminal case is pending.What did the court say?The government's lawyer informed the court that although a criminal case had been registered, the police had not yet filed their final report before the concerned court.Justice Satti noted that there was no dispute that the case was pending, but pointed out that the concerned court had not yet taken cognizance of the matter.The judge relied on a 2024 division bench ruling, which said that criminal proceedings can be considered pending before a court only after the court takes cognizance and starts proceedings. Since Section 6(2)(f) of the Passports Act, 1967 allows a passport to be refused only when criminal proceedings are pending before a court, that provision did not apply in this case.Justice Satti also referred that every accused person is presumed innocent until proven guilty.

He observed that a pending criminal case by itself is not enough to deny a passport.The high court disposed of the petition at the admission stage and directed the Regional Passport Officer to process the passport application in accordance with the Passports Act and Rule 12 of the Passport Rules, 1980. The officer was also directed to do so without considering the pending crime number and as quickly as possible.