JASGURPREET SINGH PURI
Lakhwinder Singh @ Lakhi – Appellant
Versus
Union of India – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Articles 226/227 of the Constitution of India seeking a writ in the nature of mandamus for issuance of directions to the respondents to release the passport No. P5098135 dated 05.02.2017 to the petitioner as impounded vide seizure memo dated 12.12.2018.
2. Learned counsel for the petitioner submitted that it is a case where the petitioner was having a valid passport and on the basis of the aforesaid passport, he was to go to Germany since a child was born to him and his wife was in Germany and he had gone there. On 12.12.2018 he had gone to board a flight and when he was at Indira Gandhi International Airport, New Delhi his passport was confiscated by the airport authorities with the result that he could not even go even though his child was born two days ago. He submitted that the respondent passport authorities have caused serious prejudice to the petitioner when they intimated the airport authorities for seizure of the passport since the exercise of power was not just and proper. He submitted that the petitioner was not intimated with regard to any order of impounding of passport by the passport
The court established that the impounding of a passport requires adherence to principles of natural justice and that mere pendency of a criminal case does not automatically 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.
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