People facing criminal proceedings cannot secure passport, says Madras HC

CHENNAI: The Madras High Court has said that a person facing a criminal case cannot secure a passport during the pendency of the case, if permitted it would hamper the criminal proceedings.

Justice SM Subramaniam wrote that the writ petition is not entertainable for a grant of permission to travel abroad or to issue a passport during the pendency of the criminal case in India.

A petitioner R.Thamizharasan facing criminal proceedings has filed the writ petition seeking to direct the Regional Passport Office (RPO), Chennai to issue a passport to allow him to travel overseas.

The counsel for the petitioner submitted that the High Court (HC) has granted an interim stay of further proceedings against his client and sought directions to issue the passport.

"The practice of filing a writ petition during the pendency of the criminal case to secure the passport to travel abroad, if permitted, would hamper the criminal proceedings. The criminal court may not be in a position to proceed with the trial or grant of relief would lead to destroying the prosecution in establishing the offense", wrote the judge.

Section 6 (2) (f) of the Passport Act 1967 enumerates that "Proceedings in respect of an offense alleged to have been committed by the applicant are pending before the criminal court in India" is a ground to refuse a passport, read the judgment.

A person seeking issuance or re-issuance of a passport during the pendency of the criminal case has to approach the jurisdictional criminal court necessary for seeking permission to travel abroad, the court concerned may consider the notification issued by the Ministry of External Affairs while granting permission to such accused persons to travel abroad, the judge wrote.

The judge also granted liberty to the petitioner to approach the RPO to consider his application by following the due process after participating in the trial and subject to the final outcome of the criminal proceedings.