The denial of a passport renewal based solely on a pending criminal case violates the fundamental rights provided by the Constitution.

ORDER :

1. This Writ Petition is filed claiming the following relief:

“…pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction, declaring the action of the respondents 2 and 3 in not renewing the petitioners Passport No.L6735386 (Application No. VS1075570083723, dated 13.07.2023) on the ground of pending criminal case vide C.C. No.1901 of 2023 on the file of I Additional Chief Metropolitan Magistrate at Visakhapatnam as illegal, arbitrary, unconstitutional in violation of principles of natural justice and contrary to the provisions of the passports Act 1967 besides being violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to renew the petitioner's passport bearing No.L6735386 pursuant to the application dated 13.07.2023 for a period of 10 years, without reference to the said criminal case, in the interest of justice and to pass…”

2. Learned counsel for the petitioner submits that, the petitioner herein applied for renewal of the passport bearing No. L6735386 which was issued on 24.01.2014 by Respondent No.1 vide application File No.VS1075570083723, dated 13.07.2023. Even after the receipt of the petitioner’s passport renewal application, respondent Nos.2 and 3 did not choose to renew the same. Having no other go, the petitioner approached the I Additional Chief Metropolitan Magistrate, Visakhapatnam and filed Crl.M.P.No.3993 of 2023 in C.C.No.1901 of 2023, under Sections 6(2)(f) and 22 of the PASSPORT ACT, requesting to direct respondent-authority to renew/ issue the passport. After the hearing, on 06.12.2023, the court below passed an order directing the respondent-authorities to renew the petitioner’s passport. On 02.01.2024, by complying with the orders of the court below, the respondent-authorities renewed the petitioner’s passport for one year, which is valid up to 01.01.2025.

3. He further submits that the petitioner's brother’s wife lodged a complaint against her husband along with others including the petitioner as well, under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, registered vide Crime No.391 of 2022 on the file of Women Police Station, Visakhapatnam. Thereafter, the police filed a charge sheet vide C.C.No.1901 of 2023. Learned counsel further submits that, the petitioner being an AB (Able Body Seaman) by profession in Merchant Navy Ships in the Indian Navy, has to travel on the sea for months which may last for six months or one year approximately. Hence, the role of the petitioner for harassment of dowry does not arise. But, the police without conducting proper enquiry, registered F.I.R. along with the C.C. against the petitioner. While things stood thus, the petitioner's brother’s wife filed a Domestic Violence Case against her husband i.e., the petitioner’s brother and his family members vide DVC. No.137 of 2023, which is pending on the file of the III Metropolitan Magistrate Court, Visakhapatnam.

4. Learned counsel further submits that, as the petitioner is employed in the Indian Navy, it would be difficult for him to return within short intervals once he joins his duty. If the passport expires in the meantime, no initiative will be taken to renew the petitioner’s passport in his absence and the petitioner may not be permitted to enter other countries. As the petitioner travels across different countries due to his nature of employment, the petitioner needs to renew his passport frequently. So, the petitio