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9) Under section 5(2) of the said Act, the passport authority, after making an inquiry may either issue a passport under section 5(2)(a) or 5(2)

(b) or refuse to issue a passport under section 5(2)(c). Section 5(3) of the Sagar 10 Final Passport 21-04-26.docx said Act, provides that, brief reasons for the refusal of issuing the passport or travel document or issuing the passport under section 5(2) (b) or 5 (2)

(c) shall be made in writing, and provided to the applicant, on demand, unless the passport authority is of the opinion that, it will not be in the interest of the sovereignty, integrity, security of India or the friendly relations of India with any other country or in the interest of general public to furnish the reasons.

 Sagar                                    12               Final Passport 21-04-26.docx

12)               For the purposes of present case, section 6(2) (e) and 6(2)(f)

are relevant.

Under Section 6(2) (e) the passport authority has the power to refuse the application for issuance of passport if the applicant at any time during the period of 5 years immediately preceding the date of the application has been convicted by a Court for an offence involving moral turpitude and sentenced for a term of imprisonment for not less than 2 years. In other words, if the order of conviction and sentence, is passed more than 5 years before immediately preceding the date of application or being within a period of 5 years is for a sentence of imprisonment of less than 2 years, then, in that event the reasons for refusal under section 6(2)(e) would not be applicable and available. Further, the section provides that the offence should be a one involving moral turpitude. Under Section 6(2), the other reason specified and available for the passport authority, to refuse an application under Section 5(2)(c) is that a proceeding in respect of an offence is alleged to have been committed by applicant is pending before a criminal court. In our opinion, the grounds for refusal of a passport are restricted, keeping in mind that the right to travel is an essential and integral part of the right to life and personal liberty under Article 21 of the Constitution of India. Further more, it is pertinent to note that, the power and grounds for refusal are again limited and specifically being made subject to the other provisions, including section 22 and the notifications Sagar 13 Final Passport 21-04-26.docx issued, in public interest, under section 22 of the said Act. The embargo under Section 6(2)(f) of the said Act is for sure diluted and watered down by the Notification dated 25st August 1993 and Office Memorandum dated 10th October 2019. The effect of the said notification and office memorandum is referred to, discussed and considered by us in some details hereinafter.

21) The Office Memorandum of Ministry Of External Affairs, dated 10th October 2019, (OM) reiterates the earlier notification dated 25 th August 1993. The OM in para 3, provides that applicants may be refused passports only on grounds mentioned under Section 6(2) of the Passports Act, 1967. The OM specifically records that, the notification was introduced to give relief to such applicants against whom criminal proceedings are pending before any Court of law in India but who may need to travel abroad for some urgent business. The OM in para 5, provides for instructions which may be adopted while processing the passport applications in respect of those applicants who may have criminal proceedings pending before a criminal court in India. The following is provided:-

In case of the Vangala Kasturi Rangacharyulu (supra), the Apex Court on analysing the Scheme of Section 6 had specifically held that the refusal of a passport can be only in cases where the applicant is convicted during the period of 5 years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment is not less than 2 years. The procedure that is contemplated under Section 6(2), involves the decision of the Passport Authority to refuse to issue a passport or travel documents for visiting any foreign country under clause