The ruling underscores a broader principle: passport authorities must balance legal compliance with proportionality, especially in cases involving minor violations that do not pose a security risk. For thousands of NRIs dependent on timely documentation for employment abroad, such decisions offer vital clarity
The Gujarat High Court has granted major relief to NRI Mohasin Surati, whose passport renewal had been denied by authorities due to a pending case related to a wrong-side driving incident in Lunawada. The decision comes as a significant breather, as the lack of a valid passport placed him at risk of visa cancellation and potential deportation from Kuwait, where he is employed.
- The High Court emphasised that the objective of passport regulations is not to excessively penalise individuals for minor offences, especially when they are willing to cooperate with legal procedures
- The court noted that denying renewal would significantly jeopardise Surati’s livelihood and immigration status
Justice Aniruddha Mayee directed the Regional Passport Officer (RPO) to process Surati’s renewal request within four weeks. The court observed that although a case was pending, the offence was minor, and preventing passport renewal would cause disproportionate hardship.
The issue began when Surati’s renewal application was rejected by the Indian Embassy in Kuwait on August 25, citing non-disclosure of the pending case. During the hearing, Surati submitted an undertaking agreeing to return to India and appear before the Lunawada magistrate whenever required.
With this order, the RPO has been instructed to evaluate and process the application in accordance with the law, ensuring that the outcome respects both the legal process and the practical circumstances faced by the applicant.
