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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Ashok Kumar Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner sought noc for passport issuance. (Para 2) |
| 2. state's reasoning for noc denial. (Para 3 , 4 , 5) |
| 3. arguments about noc requirements. (Para 8 , 9 , 10) |
| 4. analysis of passport act provisions. (Para 11 , 12) |
| 5. constitutional rights regarding travel. (Para 13 , 14) |
| 6. discretion in impounding passports. (Para 15 , 16) |
| 7. court's conclusion on noc denial. (Para 17 , 18 , 19) |
JUDGMENT
The petitioner is aggrieved by non-issue of No Objection Certificate by the authorities required for issuance of passport.
2.1. The petitioner approached this Court in W.P.(C) No.24138 of 2023 challenging such rejection. Said writ application was disposed of vide order dated 22.07.2024 granting liberty to the petitioner to reiterate his prayer before the concerned authority, if there is any change in circumstances as two years had elapsed since the rejection.The petitioner accordingly submitted another application on 09.09.2024, inter alia, informing that in the meantime, one out of the three disciplinary proceedings had been dropped. Such application of the petitioner was also rejected by order dated 21.03.2025 more or less on the same ground as before. It is contended by the petiti
Right to travel abroad is a fundamental right under Article 21 of the Constitution and cannot be restricted without established law; mere pendency of disciplinary proceedings does not justify denial ....
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.
Right to hold a passport and travel is a fundamental right protected under Article 21 of the Constitution, and cannot be denied solely based on pending criminal charges without due evaluation of spec....
The court ruled that passport renewal cannot be unjustly denied based on pending criminal charges if no explicit travel restrictions are imposed by the bail order.
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....
The fundamental right to travel abroad should not be deprived except by a just, fair, and reasonable procedure, as per the principles established by various judgments.
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