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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE GOPINATH P., J
MUHAMMED RAFSAL, S/o. EBRAHIM KOKKARANIKKAL HASSAN – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
This writ petition challenges Ext.P10 order of the third respondent and Ext.P15 order of the second respondent in an appeal filed against the Ext.P10 order.
The brief facts of the case are as follows:
2. The petitioner is the accused in C.C No.688/2020 of Judicial First Class Magistrate Court, Chalakkudy arising from Crime No.502 of 2018 of Mala Police Station as also in C.C. No.246/2022 of Judicial First Class Magistrate Court-III, North Paravur arising from Crime No.736/2019 of Varappuzha Police Station. Crime No.502 of 2018 has been registered alleging commission of the offence under Section 420 r/w Section 34 of the IPC while Crime No.736 of 2019 has been registered under Sections 406 and 420 r/w Section 34 of the Indian Penal Code . The petitioner applied for the re-issue of his passport relying on the permissions granted by the Judicial First Class Magistrate Court, Chalakkudy and the Judicial First Class Magistrate Court-III, North Paravur, permitting the issue of a passport to the petitioner. While the Judicial First Class Magistrate Court, Chalakudy permitted the renewal/re-issue of the passport for a period of three years, the Judicial First Class Magistrate-III,
The right to travel abroad is a facet of personal liberty under Article 21, and a red corner notice alone cannot justify the denial of passport services without an extradition request.
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
The right to travel abroad is a fundamental right under Article 21, and mere pendency of a criminal case cannot justify the denial of passport issuance.
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