Passport Processing for Convicted Applicant

Kerala High Court Allows Passport Processing for Convicted Applicant: A Significant Interpretation of the Passports Act, 1967

In a landmark ruling, the Hon’ble Kerala High Court has reaffirmed the legal principle that a person convicted of an offense involving moral turpitude is ineligible for a passport only if the conviction falls within the five-year period preceding the application.

In WP(C) No. 45038/2024, the petitioner, a 70-year-old senior citizen, was denied passport processing due to a prior conviction in 2015 under the Prevention of Corruption Act and the IPC. However, the court held that since his conviction was outside the five-year restriction under Section 6(2)(e) of the Passports Act, 1967, he was entitled to have his application processed.

This judgment aligns with the interpretation of the Punjab and Haryana High Court in Mohan Lal v. Union of India (2023 SCC OnLine P&H 1391), which clarified that the eligibility conditions under Section 6(2)(e) are cumulative:

1️⃣ Conviction must have occurred within the last 5 years.
2️⃣ The offense must involve moral turpitude.
3️⃣ The sentence must be for at least 2 years.

Since the petitioner’s conviction was from 2015, well beyond the five-year threshold, the court directed the passport authorities to process his application without any hindrance.

This ruling sets a strong precedent for individuals seeking passport issuance despite past convictions, reinforcing the principle that legal rehabilitation should not be indefinitely obstructed by prior convictions.