IMPORTANT POINT
The right to travel abroad is a fundamental right, and passport renewal cannot be denied solely based on pending criminal cases without proper legal justification.

ORDER :

1. This writ petition is filed claiming the following relief:

“…to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus by declaring the action of Respondent No.2 Regional Passport Officer in not renewing the Passport of the petitioner bearing No.L8865208 which is valid from 01.05.2014 to 30.04.2024 for a further period at the instance of the 3rd Respondent and on the ground that certain criminal proceedings are pending against him and thereby disabling the petitioner to travel abroad to take part in the seminars etc., as being arbitrary, illegal and violative of Articles 14 and 19(1)(g) of the Constitution of India and against the principles of natural justice and consequently direct the 2nd Respondent to renew the passport and issue such other writ or order or direction…”

2. The case of the petitioner is as follows:

3. Petitioner herein is a renowned Senior Dermatologist and owned a Multispecialty Hospital in Kakinada in the name and style of Sai Sudha Hospital. He has to travel abroad frequently in order to take part in the Seminars or for giving lectures and also to attend the International Conferences of Dermatologists across the globe.

4. While so, in the year 2022 a Crime was registered against the petitioner under Section 188, 420, 384 r/w.34 of IPC, Section 53 of the Disaster Management Act, 2005 and Section 3 of the Epidemic Disease Act, 1897. The said case is pending on the file of IV Additional Judicial Magistrate of First class at Kakinada.

5. It is further submitted that the petitioner approached before Respondent No.2/Regional Passport Officer, Visakhapatnam seeking renewal of his passport on 14.08.2023. In view of the settled legal position for obtaining the renewal of passport, the petitioner filed a petition before the IV Additional Judicial Magistrate of First Class at Kakinada under Section (2)(f) and 29 of the Passport Act, 1967. The trial Court allowed the petition by imposing certain conditions on 15.12.2023.

6. While so, to the utter shock of the petitioner, on 16.12.2023 Respondent No.2 addressed a letter to the petitioner seeking certain clarification from the petitioner on two crimes pending against him. The petitioner herein is not aware of the crime registered against him vide Cr.No.308 of 2023 which is pending at P.M. Palem Police Station at Visakhapatnam.

7. Learned counsel for the petitioner submits that the criminal trial against the petitioner is yet to be commenced and the petitioner has to defend his case by adducing oral and documentary evidence before the Trial Court to prove his innocence. In the instance case, the petitioner is a renowned Senior Dermatologist has running multispecialty hospital at Kakinada and landed properties in Visakhapatnam. So, there is no question of his absconding or tampering any evidence. Thus, there could be no impediment whatsoever for Respondent No.2 to renew the passport of the petitioner, more so, when the stage of crime is still at investigating stage, and the petitioner has not been convicted as such.

8. Learned counsel for the petitioner further submits that the petitioner herein approached Respondent No.2 for renewal of his passport and expressed the urgency in the matter in as much as the petitioner has to travel to abroad to take part in the conference tentatively scheduled on 27.07.2024. But, Respondent No.2 declined to renew the passport of the petitioner bearing No.L8865208 and stated that the petitioner is barred from leaving the country. Hence the writ petition.

9. Learned counsel for the petitioner submits that it is the fundamental right of the petitioner to hold a passport and freedom to go abroad as per his wish as held in catena of judgments rendered by the Hon’ble Apex Court particularly in Maneka Gandhi vs. Union of India, 1978 AIR 597.

10. Learned counsel for the petitioner also relied upon the ratio laid down by this Court in Dr. Venkata Rao Vara and Union of India and others, W.P.No.4196 of 2024, dated 2