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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Abhijeet Beniwal S/o Shankarlal – Appellant
Versus
Union Of India – Respondent
Order :
1. The instant writ petition has been filed by the petitioner with following prayer:-
“It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed and may kindly issue direction to respondent authority to issue a regular passport for a period of 10 years to the petitioner.
Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioner.”
2. Learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by the judgment dated 07.12.2021, passed by the High Court of Madhya Pradesh in the case of Hardik Shah Vs. Union of India & Ors. in Writ Petition No.5692 of 2020 (Indore).
3. Learned counsel for the respondent is in agreement with the submission made by learned counsel for the petitioner.
4. The order dated 07.12.2021 is reproduced hereinbelow:-
“1. The petitioner, a travel blogger and consultant has visited this Court for the second time against the action of Regional Passport Authority, Bhopal in not issuing a regular passport for a period of ten years and on the contrary impounding his passport in
The court held that impounding a passport without a hearing violates natural justice, and the pendency of matrimonial disputes cannot justify such action.
The main legal point established in the judgment is that fair opportunity of being heard must be given following the order impounding the passport to satisfy the mandate of natural justice. Additiona....
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 pendency of a criminal case does not justify the refusal of passport services, as individuals retain their right to travel freely, protected under Articles 14, 19, and 21 of the Constitution.
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
The right to hold a passport is integral to personal liberty; arbitrary restrictions due to ongoing criminal proceedings, without conviction, are unreasonable.
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