The right to travel is a fundamental right under Article 21, and cannot be denied solely based on pending criminal charges.

ORDER :

Venkateswarlu Nimmagadda, J.

This instant Writ Petition is filed under Article 226 of the Constitution of India by the Petitioner for the following relief:

“..to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents in not renewing the passport of the Petitioner bearing No.M6712057 on the ground of a criminal case in Crime No.139/2023 of PS Bhimadole is pending against the Petitioner though he is retained in Kuwait as illegal, arbitrary and violation of Section 10(3)(b) and 12(1)(b) of the Passports Act and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents to renew the passport of the Petitioner bearing No. M6712057 forthwith and pass…”

2. The case of the Petitioner is that petitioner’s passport bearing No.M6712057 is expires on 03.06.2025 and therefore the Petitioner made an application to the 2nd Respondent Embassy of India, consular of Kuwait as he is in Kuwait for renewal of his passport. The 2nd Respondent issued a letter dated 30.09.2024 informing that as the Petitioner involved in Crime No.139/2023 U/s 417, 376(1), 506 r/w 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, the renewal of the passport could not be done.

(a) Due to non-renewal of passport, the Petitioner is losing his job and declared him as he is residing illegally retained in Kuwait and therefore the Petitioner has to be paid 60 DINARS equivalent to Rs.18,000/- per month. Accordingly, the petitioner has been paying the said amount to the Government of Kuwait from September, 2024 onwards.

(b) If things are continuing as of now, the 2nd respondent will initiate necessary steps to send back the Petitioner to India as if he is illegally residing in Kuwait if his passport is not renewed or otherwise since the Petitioner went to Kuwait for his livelihood and due to the non-renewal of passport, he is forcibly retained in Kuwait without any job. Therefore, as of now he is facing several problems. Hence the Writ Petition.

3. Learned counsel for the petitioner further submits that the right to travel is indeed a fundamental right and it cannot be deprived off under Article 21 of the Constitution of India as held in catena of judgments rendered by Hon’ble Apex Court particularly in Maneka Gandhi v. Union of India 1978 AIR 597 and learned counsel for the Petitioner also relied upon the ratio laid down by this Court in Dr. Venkata Rao Vara vs. Union of India W.P.No.4196 of 2024, dated 20.02.2024. In view of the settled principles of law, the Petitioner is entitled for renewal of the passport.

4. Sri Hemanth Kumar, learned Standing Counsel for Central Government furnished written instructions issued by the 3rd respondent wherein it is stated that the Petitioner applied for re-issuance of his passport No.M6712057 on 12.09.2024 at BLS Outsourcing Centre of the Mission in Kuwait City Centre. As his Kuwait Residency / visa had already been expired at the time of submission of Passport application, as per provisions of Passport Manual, he was eligible for 2 years Short Validity Passport. As per the extant instructions regarding police verification, the application was processed on pre-PV basis. ‘ADVERSE’ PV was received from Palakol Police Station on 25.09.2024, with the remarks ‘The applicant involved in Cr.No.139/2023 U/s 417, 376 (1), 506 r/w 34 IPC of Bhimadole PS and Sections 3 and 4 of DP Act. The applicant is A4 and the case is under investigation.

5. On the other hand, learned counsel for the Respondents submits that as per the Ministry’s GSR 570(E) Notification dated 25.08.1993, when a criminal case is pending against the applicant in any Criminal Court, the applicant has to produce either an Acquittal Order or No Objection Certificate (NOC) from the Court below where case is pending along with GSR 570(E) undertaking. Hence, if the Court gives permission to the applicant to travel abroad and directs the Respondent Authorities to issue pa