JUDGMENT : 1. Heard. 2. In the instant writ petition, the petitioner has sought for a direction to the Regional Passport Officer, Lucknow to issue a passport (file no. LK3061392924817) to the petitioner as he intends to go on Haj pilgrimage in order to perform religious obligation. 3. According to learned Counsel for the petitioner, the petitioner is a resident of Village-Chanaini, Post-Bankasahi, P.S.-Nawabganj, District-Bahraich, who in order to perform religious obligation applied for issuance of a passport in the year 2017 but it has not been issued as yet on the ground that as per police online remark, a court case has been registered against him and the trial is still pending. 4. Learned Counsel for the petitioner has submitted that the remark is baseless as Case Crime No. 168/86 (State Vs. Matbar Khan & Others) under Sections 323, 149, 147, 504, 506(2) IPC, P.S. Nawabganj, District-Bahraich, which was falsely registered against the petitioner ended in acquittal and there is no other criminal case pending against him. It has also been urged that Section 6(2)(f) of the Indian Passport Act is contrary to the spirit of Article 14 of the Constitution. In these circumstances denial of passport is wholly illegal and unjustified. 5. On the contrary, learned Counsel for the respondents has urged that the petitioner has not disclosed in his passport application about another case i.e. Case Crime No. 16/91 under Section 379 IPC & 4/10 Forest Act, District-Bahraich, wherein a charge-sheet was filed against him before the court having jurisdiction on 24th May, 1991. 6. Refuting the above assertions of the respondent, learned Counsel for the petitioner has submitted that he is not aware about the pendency of the aforesaid case as neither he was summoned by the court nor had he faced trial in the said case. According to him, the police has submitted adverse report under some wrong impression. 7. We have examined the submissions of learned counsel for the parties and gone through the record. 8. The grounds for refusal of passports and travel documents are specified in the Passports Act, 1867.As per Section 6(2)(f) the issuance of a passport can be refused if proceedings in respect of a criminal offence alleged to have been committed by the applicant are pending before a criminal court in India. 8. The grounds for refusal of passports and travel documents are specified in the Passports Act, 1867.As per Section 6(2)(f) the issuance of a passport can be refused if proceedings in respect of a criminal offence alleged to have been committed by the applicant are pending before a criminal court in India. Clauses (f) and (g) of Section 6 are relevant to the context, which read thus: "(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) x x x x x x x x (b) x x x x x x x x (c) x x x x x x x x (d) x x x x x x x x (e) x x x x x x x x (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) x x x x x x x x (i) x x x x x x x x." 9. Undisputedly, the Central Government has the power to grant exemption from the application of provisions of Passports Act. Section 22 of the Passports Act reads as under:- "22. Power to exempt Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,- (a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions...." 10. In exercise of the aforesaid powers, the Central Government has issued a notification dated 25.08.1993 - GSR 570 (E) and as per this notification, the petitioner would be entitled to a passport provided an NOC is issued by the concerned Court before which criminal proceedings against the petitioner are pending. The said notification is set out below:- "Ministry of External Affairs Notification New Delhi, the 25thAugust, 1993 G.S.R. 570(E)--In exercise of the powers conferred by clause(a) of section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R. 298(E) dated the 14thApril 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the Court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub-Section (2) of Section 6 the said Act, subject to the following conditions, namely:- "(a) The passport to be issued to every such citizen shall be issued-- i. For the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or ii. If no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year; iii. If such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or iv. If such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order..." 11. In view of the aforesaid statutory provision and notification issued by the Central government, we are of the view that Section 6(2)(f) of the Act cannot be interpreted as creating an absolute curtailment of the rights of an applicant for passport as asserted by the petitioner. In view of the aforesaid statutory provision and notification issued by the Central government, we are of the view that Section 6(2)(f) of the Act cannot be interpreted as creating an absolute curtailment of the rights of an applicant for passport as asserted by the petitioner. As we could see Section 6(2)(f) has to be read with Section 22 which empowers the executive to grant exemption to any person or class of persons. In exercise of the said power, the Central Government has carved out certain exceptions by issuing the Notification dated 25.08.1993 under which the powers are conferred upon the court concerned to exempt any person from the rigour of Section 6(2)(f) of the Act. 12. In the instant case, since it has come on record that there is a criminal case pending against the petitioner, bearing Case Crime No. 16/91 under Section 379 IPC & 4/10 Forest Act, District-Bahraich wherein charge-sheet has also been filed before the court concerned, it would be appropriate for the petitioner to inquire from the court concerned about the pendency of the case and in the event such a case is still pending, he shall make an application for grant of NOC for the purpose of visiting Saudi Arabia in connection with Haj pilgrimage. It is further provided that if the petitioner makes such an application, the court concerned shall dispose of the application in the light of the legal provisions and observations made hereinabove. 13. The writ petition stands disposed of in above terms.