Pranav B Prem

The Kerala High Court recently ruled that a passport can be issued to a convicted individual if the conviction occurred more than five years prior to the date of the passport application. This landmark decision was delivered by Justice Gopinath P. in the case of Abdul Azeez KP v. Regional Passport Officer & Anr (WP(C) No. 45038 of 2024).

Case Background

The petitioner, Abdul Azeez KP, a 70-year-old man, had applied for a passport on December 7, 2024. However, his application faced delays due to a prior conviction on December 31, 2015, under the Prevention of Corruption Act, 1988, and certain sections of the Indian Penal Code (IPC). The petitioner had been sentenced to three years of imprisonment and fined ₹50,000, but the sentence was subsequently suspended by the High Court on January 11, 2016. Seeking relief, the petitioner approached the High Court, arguing that his conviction did not fall within the five-year restriction stipulated under Section 6(2)(e) of the Passports Act, 1967.

Legal Analysis

Section 6(2)(e) of the Passports Act mandates that the passport authority refuse to issue a passport to individuals convicted of an offense involving moral turpitude with a sentence of at least two years if the conviction occurred within five years prior to the application date. In its judgment, the court observed: “Thus, it has been held that Section 6(2)(e) of the 1967 Act would be applicable to a case where the applicant has been convicted within five years preceding the date of application. The conviction should be for an offense involving moral turpitude, and the sentence awarded must be not less than two years. The conditions are cumulative and not in the alternative.” The court noted that in the petitioner’s case, the conviction occurred on December 31, 2015, nearly nine years before his passport application was filed on December 7, 2024. Therefore, the petitioner was not barred by Section 6(2)(e) from obtaining a passport.

Findings

Justice Gopinath P. emphasized that the petitioner’s application could not be hindered solely due to his past conviction. He stated: “In the facts of the present case, the conviction was on 31.12.2015. The application for passport was filed on 07.12.2024. In the light of the above, I am of the view that the petitioner is entitled to succeed, as he has not been convicted during the period of 5 years preceding the date of the application.” The court further referred to a 1993 government notification (GSR 570(E)), which outlines conditions for issuing passports to individuals with pending criminal cases. It clarified that this notification applies only to individuals with ongoing criminal proceedings, as per Section 6(2)(f) of the Act, and not to those who have already been convicted.

Verdict

The High Court allowed the writ petition and directed the Regional Passport Officer to process the petitioner’s application in accordance with the law. The judgment provides clarity on the interpretation of Section 6(2)(e) of the Passports Act and reinforces the principle that prior convictions beyond the five-year threshold should not hinder the issuance of passports.

The petitioner was represented by Advocates Manas P. Hameed, Ipsita Ojal, Rebin Vincent Gralan, and Amaljith, while Senior Panel Counsel TC Krishna appeared for the respondents.

Cause Title: Abdul Azeez KP v Regional Passport Officer & anr

Case No: WP(C) NO. 45038 OF 2024

Date: January-24-2025

Bench: Justice Gopinath P

[Read/Download order]