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PRATHIBA M. SINGH
Sh Rahul Vaid – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done in hybrid mode (physical and virtual hearing).
2. In accordance with the last order dated 6th January, 2021, ld. counsel for the Petitioner has sought instructions and submits that his passport has been renewed for a period of five years by the Consulate General of India in Sydney.
3. There is an impleadment application, CM Appl. No. 2670/2021, which has been filed by Ms. Kanika Vaid the wife of the Petitioner in this matter. Various orders passed by the Court in the criminal proceedings which are pending against the Petitioner have been placed on record. It is her submission that the renewal of the passport was subject to various conditions as contained in the order dated 25th November, 2019, passed by the Special Judge (NDPS), North, Rohini Courts, Delhi in the revision petition filed by the Petitioner. She further submits that this order has been upheld by this Court vide order dated 29th January, 2020 in Crl.M.C 6194/2019 titled Kanika Vaid v. State (NCT of Delhi) & Anr. However, though the old passport has been suspended and a new one has been issued there is no clarity as to whether the conditions imposed vide order dat
The court upheld the continuation of conditions imposed on the petitioner despite the issuance of a new passport, emphasizing the importance of complying with the conditions set by the court.
Court reaffirmed that existing judicial conditions must be fulfilled in passport renewals and travel permissions amidst ongoing legal disputes.
Conditions for passport renewal should not be excessively burdensome when the accused is not seeking to travel abroad; appropriate conditions can be imposed when permission to travel is requested.
The denial of passport renewal based solely on pending cases without affording a fair hearing violates principles of natural justice and the right to livelihood under Article 21.
The right to renew a passport is part of personal liberty and cannot be arbitrarily restricted without due process, particularly when the individual is not convicted.
The court highlighted the balance between legal restrictions and the practical needs of an accused in conducting business.
The court held that a petitioner could seek renewal of a passport without breaching bail conditions if no permission to leave the jurisdiction was required.
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