Passport authority cannot decide on accused’s travel rights, rules Gujarat High Court, vests power with trial court

The Gujarat High Court recently ruled that passport authorities lack the power to decide whether an accused person has the right to travel abroad, as this authority rests solely with the trial court. The court directed the passport authorities to renew the passport of the accused, Zuned Modan, for a period of 10 years. 

Justice Niral Mehta, while allowing the petition, clarified that if the petitioner wishes to travel abroad, he must seek permission from the trial court by filing an appropriate application. The court further mandated that any passport renewal application, if filed by the petitioner, must be processed by the passport authorities within four weeks of submission.

The court referenced a Bombay High Court judgment that directed authorities to renew a passport for 10 years in a similar case, in accordance with applicable laws and rules. Additionally, the court noted Clause (ii) of GSR Notification 570(E), dated August 25, 1993, which states that if no period is specified in the trial court’s order for issuing a passport, it shall be issued for one year. Clause (i) of the same notification specifies that if the trial court indicates a particular period for the passport’s validity, the passport shall be issued for that duration.

The advocate for the Union of India argued that the petitioner’s passport application should be processed in line with the GSR Notification of August 25, 1993, emphasizing that individuals facing criminal proceedings must provide court orders permitting them to leave India. 

The petitioner’s advocate, however, noted that the Gujarat High Court had granted bail to the accused on August 1, 2022. He further stated that, as the petitioner’s passport was set to expire on February 18, 2026, applications were filed and permitted by the court from time to time to allow the petitioner to travel abroad.

Matar Police Station in 2022 had filed an FIR against four individuals—Abbas Theba, Fazal Modan, Tosib Pathan, and Shehzadalam Ansari—for allegedly transporting 24,000 litres of suspected biodiesel without proper permits. The accused got tanker filled from M R Lub Industries, located in Matar GIDC, where Zuned Modan, named as a partner in the firm, was also implicated under various IPC sections.