In a significant ruling, the Allahabad High Court has emphasized that the renewal of a passport is an inherent fundamental right of Indian citizens, guaranteed under Article 21 of the Constitution of India. The judgment was delivered by Justice Nand Prabha Shukla in a case involving a Navy officer seeking re-issuance of his passport while facing criminal charges.
Case Background
The case, titled “Vishvendra Singh vs. Union of India and 2 Others” (Matters Under Article 227 No. – 4875 of 2024), revolves around the petitioner, Vishvendra Singh, a Navy officer whose passport and other documents were stolen from Thane Railway Station on December 21, 2023. Singh applied for re-issuance of his passport on January 16, 2024, but was informed that the police had not recommended the re-issuance due to a pending criminal case against him.
Legal Issues and Court’s Decision
The primary legal issue in this case was whether a passport could be re-issued to an individual with pending criminal charges. The court addressed several key points:
1. Jurisdiction of Criminal Courts: The Chief Judicial Magistrate, Agra, had initially rejected Singh’s application for a No Objection Certificate (NOC), stating lack of jurisdiction. The High Court found this rejection improper and quashed the order.
2. Exemption from Passport Act Restrictions: The court cited a 1993 notification from the Ministry of External Affairs, which exempts citizens with pending criminal proceedings from certain restrictions in the Passport Act, provided they obtain court permission to travel abroad.
3. Fundamental Right: Justice Shukla emphasized that “the renewal of a passport is an inherent fundamental right of the petitioner being the citizen of India as guaranteed under Article 21 of the Constitution of India.”
4. Nature of Criminal Charges: The court noted that the allegations against Singh were “not grave or heinous in nature,” which influenced its decision.
Court’s Directions
The High Court disposed of the petition with specific directions:
1. The Trial Court must verify if Singh’s stolen passport has been recovered.
2. Singh must submit an undertaking and affidavit promising not to leave India during the trial without court permission and to appear for all trial proceedings.
3. If Singh complies, the Trial Court must issue a certified copy of the undertaking within a week.
4. The Passport Authority must then consider Singh’s application afresh, in light of the court’s observations and government guidelines.
Significant Observations
The court made several noteworthy observations:
1. “It will not be proper to turn down the renewal/issuance of passport to the petitioner. In case the applicant is acquitted in future then applicant may suffer irreparable loss by not going abroad.”
2. “The applicant is already on bail and no such condition has been imposed by the court concerned not to travel abroad.”
Also Read
Parties and Legal Representatives
– Petitioner: Vishvendra Singh
– Respondents: Union of India and 2 Others
– Counsel for Petitioner: Arun Kumar Gupta, Praveen Shrivastav
– Counsel for Respondent: A.S.G.I., Shiv Singh Yadav
