Ahmedabad: The Gujarat High Court has delivered a significant ruling clarifying that passport authorities have no power to decide whether a person facing a criminal case can travel abroad. The court held that such authority rests solely with the trial court, which may grant permission for foreign travel subject to appropriate conditions.

Justice Aniddha P. Mayi, while hearing the matter, observed that the role of the passport office is limited to issuing passports in accordance with law and rules, and it cannot assume the judicial function of restricting or permitting foreign travel in criminal cases. The judgment settles an important controversy surrounding passport applications being withheld due to pending criminal proceedings.

The case arose after a petitioner from Ahmedabad approached the High Court, complaining that his passport application had been kept pending. A complaint had earlier been registered against him under Sections 323, 504, 506 and 114 of the Indian Penal Code. Following investigation, the police had filed a ‘B-Summary’ report—indicating no offence was made out—which was accepted by the Magistrate’s court. However, that decision was later challenged, and a revision petition was allowed by the Sessions Court. The matter is currently pending consideration before the High Court.

During the proceedings, the counsel for the Regional Passport Officer argued that citizens facing criminal cases must obtain prior permission from the concerned court for foreign travel before a passport can be issued. The High Court rejected this interpretation, holding that passport authorities cannot adjudicate an individual’s right to travel abroad.

The court referred to earlier directions issued by the Bombay High Court, reiterating that passport officers are bound to issue passports for a standard validity of 10 years, as prescribed under law. The power to regulate foreign travel of an accused person, the court emphasized, lies exclusively with the competent trial court.

Accordingly, the High Court directed the passport authorities to take a decision on the petitioner’s application within four weeks and to issue a passport valid for 10 years. At the same time, it made it clear that whenever the applicant seeks to travel abroad, he must obtain prior permission from the concerned trial court, which is free to impose suitable conditions.

The ruling by the Gujarat High Court underscores the separation of administrative and judicial functions, and reaffirms that restrictions on personal liberty, including foreign travel, can be imposed only by courts of law and not by administrative authorities.