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Showing contexts for: REFUSAL OF PASSPORT in Mahesh Kumar Agarwal vs Union Of India on 19 December, 2025Matching Fragments
(3) Where the passport authority makes an order under clause (b) or clause (c) of sub-section (2) on the application of any person, it shall record in writing a brief statement of its reasons for making such order and furnish to that person on demand a copy of the same unless in any case the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or in the interests of the general public to furnish such copy.” 7.2 Section 6 of the Passports Act, which deals with refusal of passports and travel documents, in so far as it is material, provides:
CA NO…../2025@SLP(C) NO.17769/2025 “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:-
8. From a conjoint reading of Sections 5, 6, 7 and 8 of the Passports Act, a structured scheme emerges. Section 5 is the starting point. It prescribes the manner in which an application for a passport is to be made and requires the passport authority, subject to the other provisions of the Act, to decide the application by issuing or refusing the passport through a written order. Section 6 qualifies that power and sets out, in an exhaustive manner, the grounds on which the passport authority shall refuse to issue a passport or travel document. Sub-section (1) deals with refusal of endorsements for particular countries. Sub-
“7. The refusal of a passport can be only in case where an applicant is convicted during the period of 5 years immediately proceeding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years.
8. Section 6.2(f) relates to a situation where the applicant is facing trial in a criminal court.
9. Admittedly, at present, the conviction of the appellant stands still the disposal of the criminal appeal. The sentence which he has to undergo is CA NO…../2025@SLP(C) NO.17769/2025 for a period of one year. The passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal.