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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, INDRAJEET SHUKLA
Mohd Yunus Ansari – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Indrajeet Shukla, J.
For the convenience of exposition, this judgement is divided into the following parts:
TABLE OF CONTENTS
1. Heard Shri Shailendra Singh, learned counsel for the petitioner and Shri Arun Kumar Pal, learned counsel for the respondent-Union of India.
2. The petitioner has knocked the doors of this Court invoking prerogative writ jurisdiction seeking a writ in the nature of certiorari to quash the impugned order dated 19.03.2021 (Annexure No.8 to the writ petition) refusing issuance of passport in favour of the petitioner, precisely assigning the reason that petitioner failed to respond to the notice dated 31.12.2020 disclosing the final outcome of criminal cases pending against him and further it has been asserted that in view of adverse police report, issuance of passport is not possible. The petitioner further prayed for issuance of writ of mandamus commanding and directing the second respondent/Regional Passport Officer, Gomti Nagar, Lucknow to issue passport in his favour.
A. FACTUAL MATRIX
3. The facts giving rise to institution of the instant writ petition are, petitioner applied for issuance of passport by submitting an application on 29.01.2020 and, th
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 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.
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