Many individuals across Ahmedabad, Gandhinagar, Surat, Vadodara, Rajkot, Bhavnagar, Junagadh, Mehsana, Anand, Nadiad, and other districts of Gujarat face serious problems while applying for passport renewal due to a pending criminal case.
In most such cases, the Passport Seva Kendra or Regional Passport Office (RPO) either:
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Rejects the passport renewal application, or
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Issues only a short-validity passport (1 year) instead of a regular 10-year passport
However, the law is now well settled—a pending criminal case is NOT an automatic bar for renewal or issuance of a 10-year passport, provided proper legal procedure is followed through the Hon’ble High Court of Gujarat at Ahmedabad.
Why Passport Renewal Is Denied in Gujarat When a Criminal Case Is Pending
Under Section 6(2)(f) of the Passports Act, 1967, passport authorities often deny or restrict passport issuance if:
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An FIR is pending
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A chargesheet is filed
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A criminal trial is ongoing
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The applicant is on bail
As a result, applicants frequently search for:
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This affects people who need to travel abroad for:
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Employment or job opportunities
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Business or trade
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Education or studies
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Family, medical, or personal reasons
What the Gujarat High Court Has Consistently Held
The Hon’ble High Court of Gujarat at Ahmedabad has repeatedly held that:
Mere pendency of a criminal case does not take away a person’s fundamental right to hold or renew a passport for 10 years.
The Court has emphasized that:
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Right to travel abroad is part of Article 21 of the Constitution of India
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Passport restrictions must be reasonable and not arbitrary
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Mechanical refusal by passport authorities is illegal
In several cases, the Gujarat High Court has:
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Directed the Passport Authority to issue a 10-year passport
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Set aside arbitrary short-validity passports
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Protected applicants who are on bail and cooperating with trial courts
Important Jurisdiction Clarification for Gujarat Residents
👉 For any district in Gujarat, the writ jurisdiction lies only before the Hon’ble High Court of Gujarat at Ahmedabad.
This means:
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Whether you are from Ahmedabad, Gandhinagar, Surat, Rajkot, Vadodara, Jamnagar, Morbi, Bhuj, Palanpur, Bharuch, Vapi, or any other district
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You must approach the Gujarat High Court at Ahmedabad to file a Writ Petition under Article 226
📌 A person from ANY district of Gujarat can file a writ petition through an advocate practicing before the Gujarat High Court.
When Should You File a Writ Petition Before Gujarat High Court?
You should approach the Gujarat High Court if:
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Passport renewal is rejected due to pending criminal case
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Passport is issued for only 1 year repeatedly
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Passport office demands a court order for 10-year validity
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You are on bail and there is no restriction on travel abroad
The High Court can issue a Writ of Mandamus directing the Passport Authority to renew or issue a 10-year passport, subject to reasonable conditions.
Documents Required for Filing Passport Writ Petition in Gujarat
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Copy of FIR / Chargesheet (if applicable)
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Bail order or trial court order
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Passport application & rejection / short validity order
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Case status from concerned court
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Undertaking to comply with court directions
Each matter is decided on individual facts and conduct of the applicant.
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Conclusion
A pending criminal case anywhere in India does not automatically disqualify a person from obtaining a 10-year passport. Residents of any district in Gujarat have a clear and effective legal remedy by approaching the Hon’ble High Court of Gujarat at Ahmedabad.
With proper legal representation, the High Court can:
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Protect your fundamental rights
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Prevent arbitrary actions by Passport Authorities
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Ensure smooth renewal of passport for full 10 years
Need Legal Assistance for Passport Renewal in Gujarat?
✔ Filing writ petitions before the Gujarat High Court
✔ Challenging rejection or short-validity passports
✔ Securing 10-year passport renewal despite pending criminal cases
Advocate Ayush S. Jain
📍 Gujarat High Court | Ahmedabad
📞 Phone: +91 74407 72911
📧 Email: [email protected]