Source: High Court of Kerela 

Why in News? 

A bench of Justice A. Badharudeen held that onerous conditions for the purpose of re-issuance/renewal of passport are unnecessary.  

• The High Court of Kerala held this in the case of Jesmon Joy Karippery v. State of Kerela. 

What is the Background of Jesmon Joy Karippery v. State of Kerela Case? 

• The Petitioner in this case approached the High Court challenging the conditions imposed by the Magistrate while granting permission to renew his passport. 
• The conditions imposed by the Magistrate while allowing to renew the passport were: 
  • The petitioner shall execute a bond of Rs. 30,000. 
  • The petitioner shall furnish cash security of Rs. 3,000. 
  • The petitioner shall produce a photocopy of the passport attested duly by himself and one witness upon obtaining the passport within one week of receipt of the same. 
  • The petitioner shall ensure that the trial of the case is not delayed or protracted on account of his absence. 
  • The petitioner shall appear before the court as and when required to do so. 
  • The petitioner shall file an affidavit to the effect that he will be duly represented by counsel holding vakalath and that he will not dispute his identity during trial. 

What were the Court’s Observations? 

• The Court held that the conditions imposed were onerous and unnecessary. 
• The Court observed that when the accused seeks permission to only renew the passport without permission to go abroad the Court need not impose onerous conditions. 
• The Court also held that necessary conditions can be imposed when the accused seeks permission to go abroad.  

What are the Relevant Legal Provisions Related to Passport? 

About: 

• A passport is an official travel document issued by a government that certifies a person's identity and nationality for international travel. 

The Passports Act, 1967: 

• The Passports Act is an act of the Parliament of India for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto.  
• The Act regulates the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto. 
• Section 6 of this Act lays down grounds for refusal of passports.

Types of Passports: 

Difference between Passport and Visa: 

What are the Case Laws Regarding Renewal of Passport During Pendency of Criminal Proceedings?

• Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation (2020): 
  • The Supreme Court held that refusal of a passport can only be in case where an applicant is convicted during the period of 5 years immediately preceeding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. (Section 6(2)(e) of Passports Act,1967). 
  • The renewal of passport cannot be refused on the ground that a criminal proceeding is pending against the accused. 
• Ganni Bhaskara Rao v Union of India and Another (2023): 
  • The Andhra Pradesh High Court observed that every person is presumed innocent unless he is proven guilty. 
  • Therefore, the pendency of a case is not a ground to refuse, renew or to demand the surrender of passport.