Minister's Passport Renewal Subject To NOC: Telangana HC
Justice Nagesh Bheemapaka passed the order while disposing of a writ petition filed by the minister, who had challenged the refusal of passport authorities to process his application: Reports
HYDERABAD: The Telangana High Court has directed passport authorities to consider the renewal or reissue of a passport to Cabinet minister Adluri Laxman Kumar, subject to submission of a “No Objection Certificate” (NOC) from the competent trial courts where criminal cases against him are pending.
Justice Nagesh Bheemapaka passed the order while disposing of a writ petition filed by the minister, who had challenged the refusal of passport authorities to process his application. The authorities had cited adverse police verification reports pointing to multiple pending criminal cases.
The court observed that the mere pendency of criminal proceedings cannot be a ground to outrightly deny issuance or renewal of a passport. However, it underscored that under the legal framework governing passports, individuals facing trial must obtain prior permission from the concerned courts.
Referring to provisions of the Passports Act, 1967 and earlier judicial precedents, the Court directed Laxman Kumar to approach the respective trial courts and seek an NOC. Upon such application, the trial courts have been asked to consider and dispose of the request expeditiously, preferably within one week. The High Court further clarified that once the NOC is produced, the passport authorities shall process the application in accordance with law.
The court also made it clear that the legal principles governing foreign travel apply in this case. It explained that the grant of an NOC for obtaining a passport does not automatically entitle Laxman Kumar to travel abroad. For any foreign travel, he must seek separate permission from the trial courts, which may impose appropriate conditions to secure his presence during the pendency of criminal proceedings.
