Allahabad High Court Says Passport Renewal is a Legal Right, Cannot Be Denied on Mere Apprehension of Absconding
By Rajesh Pandey
Emphasising that renewal of a passport is a lawful entitlement of an individual and cannot be denied merely based on speculative apprehensions, the Allahabad High Court has directed the Regional Passport Officer to renew the passport of a Rampur resident without delay.
The order was passed by Justice Saurabh Srivastava while allowing an application filed by Dilip, who is currently residing in Saudi Arabia and seeks to return to India to appear before the court of the Chief Judicial Magistrate (CJM), Court No. 1, Rampur, in connection with a criminal case in which a non-bailable warrant has been issued against him.
Earlier, Dilip had moved an application before the Additional Chief Judicial Magistrate (ACJM), Rampur, seeking permission to renew his passport.
However, the ACJM, by order dated July 30, 2025, rejected the request. Aggrieved by this decision, the applicant approached the High Court by filing an application under Section 528, invoking the inherent powers of the Court to challenge the ACJM’s order.
During the hearing, the State counsel opposed the plea, expressing concern that once the passport is renewed, there is no assurance that the applicant would return to India to comply with the non-bailable warrant already issued against him.
After considering the submissions of both sides, the High Court observed in its judgment dated April 7 that the right to renewal of a passport cannot be curtailed merely based on apprehension or anxiety expressed by the State.
The Court held that denial of such a right must be supported by valid legal grounds and not by speculative fears.
Accordingly, the Court set aside the ACJM’s order dated July 30, 2025, and directed the Regional Passport Officer concerned to renew the passport of the applicant expeditiously, provided no other legal impediment exists.
Further, the Court directed the Ministry of External Affairs, Government of India, through its Joint Secretary handling Middle East affairs, to ensure communication of the order to the Indian Embassy in Saudi Arabia.
The Embassy has been tasked with facilitating appropriate measures to secure the applicant’s presence before the trial court in compliance with the non-bailable warrant issued by the ACJM, Court No. 1, Rampur, Uttar Pradesh.
The Court also instructed the Central Government counsel to ensure that the order is promptly conveyed to the concerned authorities in the Ministry of External Affairs so that necessary steps can be taken to ensure the applicant appears before the competent court after renewal of the passport.
