1. The petitioner is the holder of an Indian Passport and is presently employed in the Kingdom of Saudi Arabia. His passport expired on 17.01.2026. He has applied for reissuance of passport, as evidenced by Ext.P1. However, the passport is not renewed on the ground of adverse police verification report stating that a criminal case is pending against the petitioner.

2. The petitioner states that he is accused No.1 in C.C.No.340 of 2022 on the files of the Judicial First Class Magistrate Court-II, Kannur. The said court has issued a non-bailable warrant against the petitioner, as evidenced by Ext.P4. Though the petitioner filed Crl.M.C.No.2033 of 2026 before this Court, by Ext.P5 order dated 06.03.2026, this Court directed the petitioner to surrender before the learned Magistrate within one month and directed the learned Magistrate to consider and dispose of the bail application on the day of surrender itself. The petitioner states that he could not comply with the said direction as his passport had already expired and not renewed. The petitioner states that he is entitled to be reissued with a passport in terms of G.S.R No.570(E) dated 25.08.1993 issued by the 1st respondent. In the said circumstances, the petitioner has filed this writ petition for a direction to respondent Nos.2 and 3 to process the application of the petitioner for issuance of a short validity passport for a period of one year to travel to India.

3. Sri.Suvin R.Menon, learned Senior Panel Counsel submits that since the petitioner is an accused in a criminal case, the passport can be reissued only after obtaining permission from the competent criminal court. It is also submitted that since a non-bailable warrant is pending against the petitioner, he can be issued only an emergency certificate to travel to India.

4. Section 6 of the Passports Act, 1967 deals with refusal of passports, travel documents, etc. and reads thus:

                  “6. Refusal of passports, travel documents. etc. (1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any country under Clause (b) or Clause (c) of sub-section (2) of Section 5 on any one or more of the following grounds, and no other ground, namely: -

                  (a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India;

                  (b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;

                  (c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country;

                  (d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.

                  (2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under Clause (c) of sub-section (2) of Section 5 on any one or more of the following grounds, and on no other ground, namely: -

                  (a) that the applicant is not a citizen of India;

                  (b) that the applicant may, or is likely to engage outside India in activities prejudicial to the sovereignty and integrity of India;

                  (c) that the departure of the applicant from India may, or is likely to be, detrimental to the security of India;

                  (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

                  (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a Court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

                  (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

                  (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

                  (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;

                  (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.”

                  The 1st respondent has issued G.S.R No.570(E) dated 25.08.1993 under Section 22 of the Passports Act, 1967 (the Act) permitting issuance of passport to the persons who are accused in criminal cases, subject to the condition that permission of the criminal court must be obtained and the passport shall be reissued only for the period for which such permission is granted by the criminal court. G.S.R No.570(E) provides for exemption from the operation of the provisions of Clause (f) of Section 6(2) of the Act. The said exemption is not extended to Clause (g) of Section 6(2). Since, the petitioner has been issued with a non-bailable warrant, he is not entitled for exemption under G.S.R No.570(E).

5. However, taking note of the fact that the passport of the petitioner has already expired and that he is not in a position to come to India and to surrender before the Jurisdictional criminal court as directed by this Court in Ext.P5 order, I am of the view that, to the meet ends of justice, the 2nd respondent can be directed to issue an emergency certificate to the petitioner to travel to India.

                  There will be a direction to the petitioner to make an application for issue of an emergency certificate in Form EA (P)-4 under Schedule III of the Passports Rules, 1980 before the 2nd respondent within a period of one week from today. If such an application is received, the 2nd respondent shall consider the same and issue emergency certificate to the petitioner to travel to India, expeditiously.

With the said direction, the writ petition is disposed of.