Impact of Criminal Cases on Government Jobs and Passport Issuance

A recent circular from the Kashmir police highlights the implications of having a criminal record on securing government jobs and obtaining passports. The Indian Passport Act allows authorities to deny passport applications based on criminal history, while a notification from the Ministry of External Affairs offers some relief for those with pending cases. This article delves into the legal framework surrounding these issues, including Supreme Court guidelines that restrict employment opportunities for individuals with criminal records. Discover the nuances of these regulations and their impact on citizens seeking employment and travel abroad.

By Narendra Chaudhary Apr 22, 2026, 07:01 IST

Important Circular from Kashmir Police

Recently, the Kashmir police issued a significant circular that everyone should be aware of. This circular clarifies whether individuals with criminal cases can secure government employment or travel abroad. Field intelligence units have been instructed to verify if applicants for government jobs or passports have participated in activities such as stone-pelting or protests against the government. If a criminal record is found, security clearance will be denied.

Travel Restrictions for Individuals with Criminal Cases

According to Section 6(2) of the Indian Passport Act of 1967, passport authorities have the right to deny passport issuance. This applies if the applicant is not a citizen of India, has engaged in activities against the sovereignty and integrity of India, or if their travel poses a threat to national security. Additionally, if an applicant has been sentenced to at least two years in the last five years, the passport authority can refuse to issue a passport.

This means that if there are pending criminal cases against an applicant or if they have been convicted of a crime punishable by two years, their passport application may be rejected. The central government can also deny passport issuance if it deems it not in the public interest.

Relief Notification from the Ministry of External Affairs

The recent notification from the Ministry of External Affairs provides relief to those with pending criminal cases. If an applicant receives court permission, they can obtain a passport or travel document. Courts can issue passports for a specified duration, and if no duration is mentioned, it may be valid for one year. Notably, a petition regarding the 1993 notification was filed in the Delhi High Court, which upheld the notification in 2016.

Legal Challenges and Government Employment

In this context, senior advocate Prashant Bhushan appealed against the decision in the Supreme Court, arguing that the law does not differentiate between serious and non-serious offenses or between bailable and non-bailable crimes, making it unjust. Regarding government employment, the character of the applicant is scrutinized. Typically, applicants must provide a character certificate and answer questions about any past arrests or pending cases.

If an individual has a criminal record, they may be ineligible for government employment. Laws established by the High Court and Supreme Court state that applicants with criminal records cannot be compelled to be hired. However, if someone conceals their criminal history, it can lead to serious consequences, including legal action and potential dismissal from their job.

Supreme Court Guidelines on Employment and Travel

The Supreme Court, in 2016, summarized various rulings over decades in the case of Avatar Singh vs. Union of India, establishing guidelines that prohibit individuals with criminal cases from being granted government jobs or passports. What are your thoughts on this matter? Please share your opinions with us.