The Allahabad High Court has held that the renewal of a passport is a “legitimate right” of a citizen and cannot be curtailed by judicial authorities based on mere anxiety or fear. The court emphasized that the existence of a criminal case is not an automatic bar to an individual seeking to renew their travel documents to comply with legal proceedings.
The ruling came from Justice Saurabh Srivastava while hearing an application filed by a Rampur resident named Dilip. The High Court set aside a July 30, 2025, order by the Additional Chief Judicial Magistrate (ACJM), Rampur, which had previously blocked the petitioner’s efforts to renew his passport.
The petitioner, Dilip, is currently residing in Saudi Arabia. His legal troubles began when a criminal case was registered against him in Rampur, leading to the issuance of a Non-Bailable Warrant (NBW) by the Court of the Chief Judicial Magistrate.
To resolve the matter and appear before the trial court in India, Dilip required a valid passport to travel. However, his passport had expired. When he moved an application before the ACJM seeking permission for its renewal, the lower court rejected the plea, effectively preventing his return to India to face the trial.
Challenging this rejection, Dilip approached the Allahabad High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), invoking the inherent powers of the High Court to seek justice.
During the proceedings, the High Court scrutinized the reasoning of the lower court. Justice Saurabh Srivastava observed that denying a citizen the right to renew their passport based on apprehension or fear of their conduct is not legally sustainable.
The court noted that the petitioner was actually seeking the renewal specifically to return to India and appear before the court in connection with the pending criminal case. By denying the renewal, the lower court was inadvertently creating a hurdle for the petitioner to surrender and participate in the legal process.
“Renewal of passport is a legitimate right available to a person which cannot be stopped on the basis of anxiety and fear,” the High Court observed.
Directing the regional passport officer to process the renewal without delay, the High Court clarified that the right to hold a valid travel document is essential for a citizen to fulfill legal obligations, especially when they are currently abroad. The court’s order paves the way for the petitioner to return to India and address the non-bailable warrant issued against him.
