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Synopsis

The Kerala High Court has ruled that a passport cannot be denied under Section 6(2)(e) of the Passports Act, 1967, if the applicant’s conviction for an offence involving moral turpitude occurred more than five years before the date of application.

A Single judge bench comprising Justice Gopinath P., held that the petitioner, Abdul Azeez K.P., was entitled to have his passport application processed without being hindered by his prior conviction. “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 said.

The petitioner, a 70-year-old senior citizen, had filed a writ petition seeking directions to the Regional Passport Officer, Kozhikode, to process his passport application. His application had not been processed due to a conviction before the Court of the Enquiry Commissioner and Special Judge, Kozhikode. He was convicted under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, along with Sections 409, 465, 477A, and 120B of the Indian Penal Code, and was sentenced to three years of imprisonment and a fine of ₹50,000. His sentence was suspended by the High Court on January 11, 2016. However, when he applied for a passport on December 7, 2024, the authorities refused to process it, citing his past conviction.

The petitioner contended that under Section 6(2)(e) of the Passports Act, a passport can only be denied if the applicant has been convicted for an offence involving moral turpitude within five years preceding the date of application. Since his conviction occurred on December 31, 2015—more than eight years prior to his application—he argued that the restriction did not apply to him.

The court examined Section 6(2)(e) of the Passports Act, which mandates refusal of a passport if the applicant has been convicted for an offense involving moral turpitude and sentenced to imprisonment of at least two years within the five-year period preceding the application. The court observed that no government notification extends this restriction beyond the statutory five-year period.

Relying on the Punjab and Haryana High Court’s ruling in Mohan Lal v. Union of India (2023), the court reiterated that Section 6(2)(e) applies only when all three conditions are met:

1. The conviction occurred within five years preceding the application,
2. The offence involved moral turpitude, and
3. The sentence awarded was at least two years.

The court found that the petitioner’s conviction was on December 31, 2015, and his passport application was filed on December 7, 2024, ruling that the restriction did not apply.

In furtherance, the court directed the passport authority to to process the petitioner’s application without being influenced by his prior conviction.

 

Cause Title: Abdul Azeez K.P. v. The Regional Passport Officer, Kozhikode [WP(C) No. 45038 of 2024]

Appearance: Petitioner's Counsel: Advocates Manas P. Hameed, Ipsita Ojal, Rebin Vincent Gralan, Amaljith; Respondents’ Counsel: Senior Panel Counsel T. C. Krishna