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25. He states that Form EA(P)-2 has been deleted with effect from 01.11.1985 and provides an extract of the Passport Rules containing a foot note, to the effect ‘Omitted by G.S.R.860(E), dated 1.11.1985 with effect from the same date’.

26. Thus, Section 6, which empowers an authority to refuse passports or travel documents applies in all situations including for renewal of passports. Section 6(2)(f) states that the passport authority shall refuse to issue a passport or travel document for visiting a foreign Country if proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.

30. Section 5 of the Act provides for issuance of passports and sub- section (2) sets out the procedure to be followed by the authority for such issuance. The authority has the discretion to issue a passport with or without endorsement or refuse to issue the passport or travel document, and in the latter, reasons are to be recorded by the authority.

31. Section 6 sets out the grounds on which the passport or travel document may be rejected. The grounds for refusal set out under Section 6(1)(a) to (d) and are not attracted in this case. In fact, the respondent does express any intention to refuse the passport per se, but only limit the period of its validity.

42. Section 6 reads thus:

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 no other ground, namely: -
(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.
(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: -