Advocates Appeared:
For the Appellant : Rajak Khan Haidar
For the Respondent: Sriram Choudhary

Summary

The petitioner, an accused on bail in a criminal case under Sections 147, 148, 149, 459, 341, 323, 506, and 307 IPC, filed a writ petition seeking modification of the trial court's order dated 07.07.2025, which limited passport renewal to one year, restricted travel to Dubai (UAE), and required an FDR of Rs.2,00,000/-. (!) (!) (!) The High Court allowed the petition, directing issuance of a ten-year passport, permitting travel abroad for employment without country-specific restrictions, setting aside the FDR condition, and imposing new safeguards including a personal bond of Rs.10,00,000/- with two sureties of Rs.5,00,000/- each from parents, plus undertakings for compliance and court appearance when required. (!) (!) (!) (!) (!) (!) The pendency of the criminal case was held not to impede passport issuance or visa grant, subject to these conditions. (!)

Legal Points

1. Passport issuance is not an absolute right; under Section 6(2)(f) of the Passports Act, 1967, authorities may refuse if criminal proceedings are pending against the applicant. (!) (!) (!)

2. A 1993 notification exempts such applicants from Section 6(2)(f) upon production of a court order permitting departure, but limits passport validity to the period specified by the court or one year by default if unspecified; renewals are similarly restricted unless fresh court orders are obtained. (!) (!) (!) (!) (!) (!) (!) (!) (!)

3. Courts may grant permissions beyond routine limits after considering offence nature, travel necessity, and public interest, without making it a matter of course. (!)

4. The right to hold a passport and travel abroad is an intrinsic part of personal liberty under Article 21 of the Constitution, and any restriction must follow a just, fair, and reasonable procedure with rational nexus to a legitimate purpose like ensuring amenability to court jurisdiction. (!) (!) (!)

5. Passport Rules, 1980 provide for a standard ten-year validity for ordinary passports (except for children under 15). (!) (!)

6. An accused facing trial (but not convicted) is presumed innocent; short-term passport validity imposes undue burden on livelihood and business, lacks statutory basis absent conviction or flight risk, wastes resources via frequent renewals, and violates principles of equity without prejudicing proceedings if safeguards like prior permission for travel and bonds are imposed. (!) (!) (!) (!) (!) (!) (!) (!) (!)

7. Country-specific travel restrictions and security deposits like FDRs without rational nexus are unreasonable and may be struck down, replaced by tailored bonds and undertakings to secure appearance. (!) (!) (!) (!)