Passport Renewal Allowed Even If Criminal Case Is Pending

 

Important High Court Relief – Know Your Rights

Many passport applicants believe that if a criminal case is pending, their passport will automatically be rejected. This is not always true. A recent judgment of the Allahabad High Court (Lucknow Bench) has clarified this clearly.

Case Background

Popular dancer and performer Sapna Choudhary applied for renewal of her passport.
Her request was rejected because a criminal case filed in 2018 was pending against her in Lucknow.

The trial court refused to give a No Objection Certificate (NOC), stating that she had not mentioned travel details such as country, duration, or purpose.

Sapna challenged this decision before the Allahabad High Court.

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What the High Court Said

The High Court gave strong relief to Sapna Choudhary and made the following points clear:

1️⃣ Pending Case Is NOT a Reason to Deny Passport

The Court ruled that:

• A passport cannot be denied only because a criminal case or appeal is pending

• Passport renewal is allowed unless legal conditions for refusal are clearly met

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2️⃣ When Can Passport Be Refused?

As per the Passport Act, passport renewal can be refused only if:

• The applicant was convicted within the last 5 years, AND

• The offence involves moral turpitude, AND

• The sentence is not less than 2 years

In Sapna’s case:

• Sentence was only one year

• Conviction is under appeal
  ➡️ Hence, passport refusal was not legally valid

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3️⃣ Bail Order Did NOT Restrict Foreign Travel

The Court clearly observed:

• Passport issuance and travel restrictions are different matters

• Sapna’s bail order did not restrict her from traveling abroad

So, the court said:
👉 If the bail order does not mention “do not travel abroad”, passport renewal cannot be blocked.

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4️⃣ Right to Livelihood Is Important

Sapna is a professional performer and receives international performance offers.
The Court accepted that:

• Denial of passport affects her right to livelihood

• She is not a flight risk

• She has family, children, and property in India

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Final Court Direction

The Allahabad High Court:
✔ Set aside the trial court’s rejection
✔ Directed the trial court to issue Passport NOC
✔ Ordered passport renewal for 10 years

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Key Guidance for Passport Applicants

✅ Passport can be renewed even if a criminal case is pending
✅ Bail order must be checked for travel restrictions
✅ Conviction + 2 years imprisonment is required to refuse passport
✅ Right to travel and livelihood are protected under law

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Need Help With Passport While Case Is Pending?

If you or your client is facing passport issues due to:

• Pending criminal case

• Police verification objections

• Court NOC confusion

You can seek proper legal guidance and correct documentation before applying.