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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Pradeep Kumar Sarwogi S/o Late Shri Heera Lal Sarwogi – Appellant
Versus
Union Of India, Through Secretary, Ministry Of External Affairs, Government Of India, New Delhi – Respondent
Based on the provided legal document, the key legal principles and conclusions are as follows:
The pendency of criminal proceedings against an individual does not automatically bar the renewal of their passport, especially when the proceedings are stayed or no restriction has been imposed on possession of the passport (!) (!) .
The statutory scheme under the Passports Act, 1967, particularly Section 6(2)(f), allows for the refusal or deferment of passport issuance or renewal in cases where criminal proceedings are pending, but this restriction is purpose-oriented and not absolute. It aims to ensure the accused remains amenable to criminal jurisdiction, not to impose punitive or indefinite restrictions (!) (!) .
The distinction between possession of a passport and permission to travel abroad is fundamental. Possession of a valid passport is a civil right, and renewal of the passport does not automatically grant or imply permission to travel internationally, which remains under the control of the criminal court (!) (!) .
Judicial orders or conditions restricting travel, such as a stay on proceedings or specific court conditions, continue to regulate the individual's ability to travel, independent of passport renewal (!) (!) .
Administrative authorities are not required to seek prior permission or a ‘no objection’ from the criminal court for passport renewal when no such order exists, and insisting otherwise would be unsupported by law and could undermine the statutory scheme (!) (!) .
The order emphasizes that the mere pendency of criminal proceedings, particularly when proceedings are stayed, does not justify denying or delaying passport renewal, provided the individual is not convicted and no specific restrictions on possession are in place (!) (!) .
The validity period of the renewed passport should not be truncated or shortened without justified reason, especially considering the long duration of the criminal proceedings and the absence of any imminent risk or restriction on travel (!) .
The court's order clarifies that the petitioner is entitled to renewal of the passport for the full standard validity period, but prior permission from the criminal court must be obtained before any actual international travel (!) (!) .
This decision is specific to the facts of the case and does not limit the criminal court’s authority to impose conditions related to travel in accordance with law (!) .
The order concludes with the petitioner’s entitlement to passport renewal and clarifies that the renewal does not automatically entitle travel abroad; travel permission remains subject to criminal court approval (!) .
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ORDER :
FARJAND ALI, J.
1. Lord Denning, M.R., in his work Freedom Under the Law (1949), described personal freedom as :
“the freedom of every law-abiding citizen to think what he will, to say what he will and to go where he will on his occasions without let or hindrance from any other person.”
The freedom to move and to travel, thus, lies at the heart of individual liberty. For such freedom to be real and not merely illusory, it must remain capable of exercise when the occasion arises, which necessarily presupposes that the citizen is in possession of the requisite travel credentials in advance. A liberty that can be exercised only after surmounting procedural or administrative impediments risks being rendered ineffective in practice.
2. In the constitutional framework, the freedom to move and to travel, though subject to regulation by law, forms an integral facet of personal liberty protected under Article 21 of the Constitution of India. While such freedom is not absolute, any regulatory restraint must remain grounded in law and proportionate to the object sought to be achieved, and cannot be permitted to assume the character of a punitive or indefinite restriction in the absence of
The court ruled that the renewal of a passport cannot be denied solely due to pending criminal proceedings, especially when such proceedings are stayed and no restraint is imposed by the trial court.
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 court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
The right to hold a passport and travel abroad is a fundamental liberty, and restrictions based solely on pending criminal proceedings must be just, fair, and reasonable.
The right to hold a passport is integral to personal liberty; arbitrary restrictions due to ongoing criminal proceedings, without conviction, are unreasonable.
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.
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 Supreme Court clarified that the right to renew a passport is not absolute when criminal proceedings are pending, as long as judicial permissions are in place to regulate travel, ensuring the bal....
The right to renew a passport and travel abroad is protected under Article 21, requiring judicial discretion to be applied, ensuring it is not curtailed arbitrarily while considering ongoing criminal....
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