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Synopsis

The Delhi High Court recently directed the passport authority to renew Former Rajya Sabha MP Vijay Darda’s passport for a duration of three years. The bench of Justice Swarana Kanta Sharma held, “The appellant herein has been granted permission on past many occasions to travel abroad and he has not misused the liberty granted to him”. 

Darda had sought direction from the High Court to renew his passport for a duration of 10 years. Darda had previously been sentenced to three years of rigorous imprisonment and fined Rs. 5,00,000 for offences under Sections 120B and 420 of the Indian Penal Code, 1860, and Section 13(1)(d)(iii) read with Section 13(2) of the Prevention of Corruption Act. He was also sentenced to four years of rigorous imprisonment and fined Rs. 10,00,000 for a substantive offence under Section 420 of the IPC, with an additional three months of simple imprisonment in default of fine payment. These sentences were to run concurrently, and the Court suspended them on September 26, 2023.

Represented by Advocate Mudit Jain, Darda argued that frequently travels for professional reasons, and requires passport renewal. His current passport, issued on November 18, 2019, was set to expire on November 17, 2024. He applied for renewal under the Passport Act of 1967. However, the passport authority required a court order due to ongoing legal matters. Darda had previously traveled abroad with the Court's permission and complied with its conditions without misuse. He also needed to travel abroad for his grandson's graduation ceremony. Considering his societal ties as a former Member of Parliament, Darda requested a 10-year renewal.

Contrarily, Special Public Prosecutor (SPP) R.S. Cheema, representing the Central Bureau of Investigation (CBI), referred to an office memorandum from the Ministry of External Affairs, regarding passport issuance to individuals with pending criminal cases. They argued that passports are typically issued for one year or the duration specified by the Court's order. Therefore, the SPP argued for passport renewal according to regulations rather than the requested 10-year period.

The court reviewed a Status Report from the CBI, which referenced a notification dated 25.08.1993 regarding the issuance or renewal of passports for individuals facing criminal charges in India. This notification outlined specific conditions for passport issuance based on court directives.

The court noted that Darda had previously traveled abroad without any misuse of privileges and therefore directed the renewal of Darda’s passport for three years.

Advocate for Appellant: Advocates Mudit Jain, Garima Singh and Rudraksh Nakra
Advocate for Respondent: Special Public Prosecutor R.S. Cheema and Advocate Tarannum Cheema

Case Title: Vijay Darda v Central Bureau of Investigation (2024:DHC:3505)