Passport -- Pendency of Criminal Case -- Passport cannot be denied merely on ground of pending criminal case; remedy lies in seeking surrender before travel
(i) Passports Act, 1967, S.6 -- Passport -- Pendency of Criminal Case -- Mere pendency of a criminal case against an applicant is not a ground for the passport authorities to deny issuance of a passport, since a passport is essentially a civil document to which a citizen is entitled under law, unless the pendency of the criminal case has itself been suppressed in the application. (ii) Passports Act, 1967 -- Passport -- Remedy of Police to Seek Surrender Before Travel -- Grant of a passport does not by itself guarantee spontaneous passage across borders, as visa and immigration procedures apply. Where the holder of a passport facing criminal proceedings endeavours to travel abroad, it is open to the police or prosecuting agency to move the Court for surrender of the passport to prevent him from leaving the country. The stage of passport issuance is not the stage at which such restriction operates.
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