Pendency Of Criminal Case Cannot Be Ground To Deny Renewal Of Passport: Telangana HC
The Telangana High Court held that pendency of a criminal case is not a ground to deny renewal of passport.
The court added that the right to personal liberty would include not only the right to travel abroad but also the right to possess a Passport.
The Court directed the Regional Passport Officer to consider the application for passport renewal within one week from the date of the order.
The Bench of Justice Surepalli Nanda observed, “This Court opines that pendency of criminal case against the petitioner cannot be a ground to deny renewal of passport to the petitioner and the right to personal liberty would include not only the right to travel abroad but also the right to possess a Passport”.
Advocate P. Lakshma Reddy appeared for the Petitioner and Deputy Solicitor General Gadi Praveen Kumar appeared for the Regional Passport Officer.
The Petitioner approached the High Court by way of a Writ Petition seeking directions against the Regional Passport Officer (Officer). The Petitioner's passport renewal was denied under the Passports Act, 1967 (Act) due to a pending criminal case. The Petitioner contended that this decision was illegal, arbitrary, and unconstitutional.
The Court noted that the ongoing criminal case against the Petitioner should not serve as a basis for refusing the renewal of the passport. The Bench emphasized that the right to personal liberty encompasses not only the right to travel abroad but also the right to possess a passport.
The Court referred to the cases of Menaka Gandhi v Union of India [AIR 1928 SC 597] and Vangala Kasturi Rangacharyulu v CBI [2020 Crl.L.J. (SC) 572]. The Court reiterated that the right to travel abroad is a fundamental right and restrictions on possessing a passport must follow due process. The Court noted that the mere existence of a pending criminal case is insufficient justification for denying passport renewal.
“Therefore, considering the said facts, the Apex Court held that passport Authority cannot refuse renewal of the passport on the ground of pendency of the criminal appeal. Thus, the Apex Court directed the passport Authority to renew/issue the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal case”, the Bench noted.
Accordingly, the Court allowed the Petition and directed the Officer to consider the application for renewal within one week from the date of this order.
Cause Title: Ravikanti Venkatesham v The Union of lndia
