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(12) Section 3 of the Passport Act, 1967 invariably says that no person shall depart from, or attempt to depart from, India unless he holds in this behalf a valid Passport or travel document.

(13) Section 5 of the Passport Act, 1967 relates to filing of application for Passports, travel document etc., wherein the Passport Authority is empowered to issue and/or refuse Passport as per the terms of the said provision.

(14) However, Section 6 of the Passport Act, 1967 relates to provisions for specific refusal of Passport, travel documents etc., wherein various conditions for refusal have been enumerated therein. Section 6 of the Passport Act, 1967, which specifically entails refusal of Passport, travel documents etc., is as under :-

"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 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 in such country in activities prejudicial to the sovereignty and integrity of India;
(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;
(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;
(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:--
(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."

(15) Since this Court is dealing with the issue relating to issuance of Passport during the pendency of proceeding before a criminal court in India, the relevant provision for consideration would be Section 6 (2) (f) of the Passport Act, 1967, which, in categorical terms mandates the Passport Authority to refuse to issue a Passport or travel document for visiting any foreign country under Clause (c) of sub-section (2) of Section 5 on the ground that the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. The word 'shall' used in Section 6 (2) of the Passport Act, 1967 indicates a mandatory or binding nature of the provision and does not give any room for discretion. Section 6 (2) (f) is a reasonable restriction imposed by law within the framework of Article 19 (f) of the Constitution of India and debars issuance of passport where proceedings in respect of an offence alleged to have been committed by the applicant is pending before a criminal Court in India.