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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER
Kuldeep Singh – Appellant
Versus
Union of India – Respondent
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 petitioner shall be dealt with as per rules.
3. Pursuant to the trial court’s permission, the petitioner duly submitted an application for issuance of a passport on 12.03.2025 (Annexure P-3). However, the passport was not granted. Initially, the Passport Office issued a file closure notice on 30.03.2025 (Annexure P-4), followed by a
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.
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
Point of law: Since in cases where time is not fixed by the Magistrate while granting permission, the Passport authorities are issuing passports only for one year, the period for which the accused ca....
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.
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 travel abroad is a fundamental right, and passport issuance cannot be denied solely based on pending criminal cases without proper legal basis.
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