Andhra Pradesh High Court - Amravati
B Abdul Rawoof vs Central Bureau Of Investigation ... on 4 May, 2026
APHC010084542026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
MONDAY,THE FOURTH DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 4878/2026
Between:
1. B ABDUL RAWOOF, S/O. B. MOHIDIN SAB BADIGE, AGED ABOUT
65 YEARS, RIO. D. NO. 6-4-66, MARUTHI NAGAR, ANANTHAPUR
TOWN AND DISTRICT. -516257-
...PETITIONER
AND
1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, NEW DELHI MINISTRY OF EXTERNAL AFFAIRS, SOUTH
BLOCK,NEW DELHI - 110011-, INDIA
2. THE REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET RAOD,
KORAMANGALA, BENGALURU, KARNATAKA STATE.-560034-
3. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS,
VELAGAPUDI, GUNTUR DISTRICT-522238-
4. THE SUPERINTENDENT OF POLICE, ANANTHAPUR,
ANANTHAPURM DISTRICT.-515001-
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a writ, order or direction more particularly one in the nature of
writ of mandamus declaring the action of the 2nd respondent in refusing the
renewal of passport of the petitioner vide file no. VJ1076065568725 dt.
19.01.2026 is as illegal and arbitrary and contrary to the petitioner's rights
2
TRR,J
W.P.No.4878 of 2026
under Article 21 of the Constitution of India and violative of provisions of the
Passports Act, 1967 and Passport Rules 1980 and consequently direct the
respondents to issue/renew the passport to the petitioner forthwith and pass
IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the 2nd respondent to consider the renewal of passport vide file no.
VJ1076065568725 dt. 19.01.2026 of the petitioner, and to pass
Counsel for the Petitioner:
1. P NARASIMHULU
Counsel for the Respondent(S):
1. THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT
2. GP FOR HOME
The Court made the following:
3
TRR,J
W.P.No.4878 of 2026
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.4878 of 2026
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in refusing the renewal of passport of the petitioner vide file no. VJ1076065568725 dt. 19.01.2026 is as illegal and arbitrary and contrary to the petitioner's rights under Article 21 of the Constitution of India and violative of provisions of the Passports Act, 1967 and Passport Rules 1980 and consequently direct the respondents to issue/renew the passport to the petitioner forthwith and pass...."
2. Heard M/s Narasimhulu Parise, learned counsel for petitioner and learned Standing counsel and learned Assistant Government Pleader for respondents.
3. The learned counsel for the petitioner argued that pendency of criminal cases is not a ground for refusal of renewal of passport and relied upon the judgment of the Hon'ble Apex Court in Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation reported in 2021 Law Suit (SC) 1211. Learned counsel also relied upon the judgment in Mahesh Kumar Agarwal vs. Union of India & Anr. reported in 2025 4 TRR,J W.P.No.4878 of 2026 Law Suit (SC) 1644, wherein the Hon'ble Supreme Court categorically held as under:
7.2 "Section 6 of the Passports Act, which deals with refusal of passports, reads:
'6. Refusal of passports, travel documents, etc.-
(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:-
(a) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India; or
(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India; or
(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country.
(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:-
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.'"5
TRR,J W.P.No.4878 of 2026 7.3 "Sections 7 and 8 of the Passports Act, which deal with duration and extension of passports, provide:
'7. Duration of travel document.-
A passport or travel document shall, unless revoked earlier, continue in force for such period as may be prescribed and different periods may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class:
Provided that a passport or travel document may be issued for a shorter period than the prescribed period-
(a) if the person by whom it is required so desires; or
(b) if the passport authority, for reasons to be communicated in writing to the applicant, considers in any case that the passport or travel document should be issued for a shorter period.
Extension of period of passport.-
Where a passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall, unless the passport authority for reasons to be recorded in writing otherwise determines, be extendable for a further period (which together with the shorter period shall not exceed the prescribed period) and the provisions of this Act shall apply to such extension as they apply to the issue thereof.'"
7.4 "Section 9 of the Passports Act, which refers to the conditions and forms of passports, states:
'9. Conditions and forms of passports and travel documents.-
The conditions subject to which, and the form in which, a passport or travel document shall be issued or renewed shall be such as may be prescribed:
Provided that different conditions and different forms may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class:
Provided further that a passport or travel document may contain, in addition to the prescribed conditions, such other conditions as the passport authority may, with the previous approval of the Central Government, impose in any particular case.'"
4. The passport authority cannot refuse the renewal application on the ground of pendency of the criminal appeal. In view of the said 6 TRR,J W.P.No.4878 of 2026 judgments/orders, the petitioners are entitled to renewal of their passports.
5. Though the respondents did not deny the law laid down by the Hon'ble Apex Court, they relied upon the proceedings of the respondents dated 16.04.2026 and contended that the application for renewal of passport has to be filed before the Hon'ble Court where the criminal cases are pending.
6. In view of the same, the Writ Petition is disposed of with a direction to the petitioner to file the passport renewal application before the appropriate Court where the criminal cases are pending, and the concerned Court shall consider the renewal application in the light of the directions issued by the Hon'ble Apex Court referred to above.There shall be no order as to costs.
As a sequel thereto, interlocutory applications pending if any, shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 04.05.2026 PBS 7 TRR,J W.P.No.4878 of 2026 208 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.4878 of 2026 04.05.2026 PBS