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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Rishab Puri – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
Prayer in this petition has been made by the petitioner for setting aside the order dated 05.09.2023 passed by the Judicial Magistrate First Class, Gurugram in criminal case bearing No. NACT/13907/2022 titled as Genestore India Pvt. Ltd. vs. Indigrid Technology Pvt. Ltd & Ors., filed under Section 138 of the Negotiable Instruments Act, whereby an application moved by the petitioner for giving direction to the passport authority to renew the passport of the petitioner had been dismissed.
2. It is submitted that the petitioner had filed an application before the trial Magistrate seeking declaration for renewal of his passport in terms of notification dated 25.08.1993, published by the Ministry of External Affairs, Govt. of India. The trial Magistrate, vide order dated 30.09.2022 (Annexure P-7), had allowed the said application, thereby granting permission for renewal/restoration of the passport of the petitioner and also clarifying that it had no objection if the passport authorities renewed the passport of the petitioner. The petitioner then approached the respondent No. 1 for renewal of his passport, which was renewed but only for a period of one ye
The court held that impounding a passport without a hearing violates natural justice, and the pendency of matrimonial disputes cannot justify such action.
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 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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