Passport – Refusal to renew in view of pendency of criminal case – Illegal
The passport of the petitioner was valid upto 8.8.2024. He had made application for renewal on 25.1.2024. The Respondent no.2 sought clarification in view of adverse police report since the petitioner was involved in a criminal case for offences under Sections 420, 468, 471 of IPC in respect of immovable property and to obtain NOC from the same criinal case and asked for acquittal order or obtain permission to travel abroad from the said Court. The petitioner, therefore, filed the writ petition.
The criminal case pertains to immovable property belonging to the relative of the petitioner, he is always available to the police and cooperate with the investigation.
HELD that pendency of criinal case cannot be the ground to deny passport facilities to the petitioner since his right to personal liberty not only includes his right to travel abroad, but also right to passess or hold a passport. Relying on the decision of the Supreme Court in Vangala Kasturi Rangacharyulu’s case (2020 Cri LJ SC 572, it was observed that refusal of a passport can be only in case where an applicant is convicted during last five years for an offence involving moral turpitude and sentence for imprisonment for not less than two years and cannot be refused due to pendency of criminal appeal. After referring to various decisions, the writ petition was allowed subject to certain conditions.
Judgment dated 14.3.2024 in W.P.No.2802 of 2024 of Venkata Siva Kumar Yadhanapudi Vs. Union of India
