The Punjab & Haryana High Court in the case of Mohan Lal & Ors v. UOI & Ors. Based on the court’s decision, the key points are as follows:
Section 6(2)(f) of the Passport Act, 1967, which deals with the bar on issuance of a passport to persons facing criminal proceedings, is not applicable to post-conviction or post-acquittal proceedings.
Once a person is convicted or acquitted, they will fall under Section 6(2)€ of the Act. This means that the passport authority can refuse to issue a passport if the applicant has been convicted of an offence involving moral turpitude and sentenced to imprisonment of not less than two years, within five years before the date of the passport application.
The notification dated 25.8.1993 issued by the Central government is relevant to criminal proceedings pending before the trial court. Additionally, as per instructions dated 10.10.2019, mere registration of an FIR is not sufficient to apply the provisions of Section 6(2)(f), and there must be a case registered before the court, and the court must have taken cognizance of the matter.
The High Court clarified that It is not a criminal court in terms of Section 6(2)(f) of the 1967 Act, indicating that the provisions of this section are not applicable to the High Court.
Given these findings, the High Court directed all passport authorities under its jurisdiction to consider its observations and findings when processing pending passport matters to reduce the number of legal disputes related to passport issues.
It is essential to note that this information is based on the provided details and should not be considered as legal advice. If you have any specific questions or concerns about passport matters, it is advisable to consult with a qualified legal professional.
Name- Divya Choudhary , College- National University of Study and Research in Law, Ranchi. , Semester-2nd semester (1ST Year), an intern under Legal Vidhiya.
