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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Kuldeep Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. right to apply for a passport despite trial. (Para 1 , 2 , 3 , 4) |
| 2. contention on passport issuance legality. (Para 7 , 8) |
| 3. court's reasoning on travel and passport rights. (Para 10) |
| 4. guidance on undertaking for passport issuance. (Para 11 , 12) |
| 5. conclusion and directives for passport issuance. (Para 13 , 14) |
JUDGMENT :
HARSH BUNGER, J.
Prayer in the present petition filed under Articles 226/227 of the Constitution of India, inter alia, is for issuance of a writ in the nature of mandamus directing the respondents to issue passport to the petitioner.
2. Briefly, the petitioner is facing trial in FIR No. 89 dated 12.05.2022 registered under Section 15 of NDPS Act at Police Station Baghapurana, District Moga. Owing to the pendency of the case, the petitioner sought permission from the learned Additional Sessions Judge, Moga, to apply for a fresh passport.
2.1 The learned Special Court, Moga vide order dated 19.02.2025 (Annexure P-1) granted permission to the petitioner to apply for fresh passport in view of the circular dated 21.08.2014 issued by Ministry of External Affairs and various judicial pronouncements; with a further observation that the application of the p
The mere pendency of criminal proceedings does not justify the denial of passport issuance, reaffirming the right to personal liberty and travel under Article 21 of the Constitution.
The right to travel abroad is a fundamental right, and the denial of a passport based on a non-pending criminal case is unconstitutional.
Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court.
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