The Kerala High Court has ruled that individuals convicted of crimes can be issued passports if their conviction was recorded more than five years before their application. Justice Gopinath P made this observation while directing the Regional Passport Office to process the application of a 70-year-old petitioner, Abdul Azeez KP, who was convicted in 2015.
“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 held.
Azeez was sentenced to three years of imprisonment and fined ₹50,000 under the Prevention of Corruption Act, 1988, and the Indian Penal Code. However, his sentence was suspended by the High Court in January 2016. The Regional Passport Office had delayed issuing his passport due to his past conviction, prompting him to approach the Court.
The key issue was whether Section 6(2)(e) of the Passports Act, 1967, barred the issuance of a passport in his case. The provision states that a passport cannot be issued to a person convicted of an offense involving moral turpitude, with a sentence of at least two years, within five years before the application date.
“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 offence 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 clarified.
Since Azeez’s conviction fell outside this five-year period, the Court ruled that he was entitled to a passport. It also referenced a 1993 government notification (GSR 570(E)), which outlines passport issuance restrictions for individuals facing criminal charges but clarified that this applies only to ongoing cases, not past convictions.
Allowing the petition, the Court directed the Regional Passport Office to process Azeez’s application without further delay.
Case: Abdul Azeez KP vs Regional Passport Officer & anr – Available on LAWFYI.IO
