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ANOOP KUMAR DHAND
Savitri Sharma Daughter Of Late Shri Jagannath Sharma – Appellant
Versus
Union Of India, Through Its Secretary, Ministry Of External Affairs, Regional Passport Office, Government Of India, New Delhi – Respondent
ORDER :
Anoop Kumar Dhand, J.
1. By way of filing of this writ petition, a prayer has been made for issuing directions to the respondents to renew the passport of the petitioner.
2. Learned counsel for the petitioner submits that the petitioner is an Indian National and she was having passport bearing No.K3335738, which was issued to her on 17.05.2012 and the same was valid till 16.05.2022. Learned counsel submits that when an application was submitted by the petitioner for renewal of the aforesaid passport, it has not been renewed by the respondents and the said application was rejected, without assigning any justified reason in writing, hence under these circumstances, the petitioner has approached this Court.
3. Learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner and submitted that the Regional Passport Office, Delhi sought a verification report from the Police in this regard and an adverse report was submitted by the Police on 07.08.2022 with the remarks, “Photo identical Nationality doubtful (Nepali) as per applicant written statement”. Learned counsel submits that the identity of the petitioner was disputed during the police veri
The right to travel abroad is a fundamental right under Article 21, and adverse police verification does not automatically disqualify passport issuance.
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 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.
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
An individual has the right to renew a passport even if facing a criminal trial, subject to obtaining permission from the concerned court.
The denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
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