Passport issuance cannot be denied solely based on a past juvenile conviction, as such records fall under the principle of fresh start and juvenile rehabilitation. Denying travel rights without evidence of current pending criminal proceedings violates the fundamental right to personal liberty and constitutes arbitrary administrative action.

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, thereafter, instituted Civil Misc. Writ Petition No.12922 of 2020 before this Court, which was decided vide order dated 31.08.2020 with a direction that if petitioner approaches second respondent, he shall communicate the decision taken by him at the earliest qua the application pending before him for issuance of passport.

4. Since no decision was taken as such petitioner filed a Contempt Application bearing No.684 of 2021 before this Court alleging non-compliance of order dated 31.08.2020 and it is during pendency of said Contempt Application but the impugned decision refusing passport to the petitioner was taken vide order dated 19.03.2021, which is under challenge before this Court.

5. Pleadings in present proceedings have been exchanged. The reason set-out by the respondent-authorities for refusal of passport as mentioned in the order impugned as well as in the counter affidavit is, petitioner had faced criminal trial in Case Crime No.219 of 2010, under Sections 363, 366, & 376 IPC, Police Station Gagha, District Gorakhpur has been convicted.

6. The petitioner having been found to be minor in conflict with law was tried as juvenile by the Juvenile Justice Board, Gorakhpur and was ultimately convicted in Case Crime No.219 of 2010, under Sections 363, 366, & 376 IPC vide judgement and order dated 13.08.2013. The said judgement has been brought as Annexure No.4 to the writ petition. While recording the conviction, learned Juvenile Justice Board admitted the petitioner for probation of six months with the condition that petitioner would offer surety and bonds for maintaining good conduct and behaviour.

7. In furtherance of judgment and order dated 13.08.2013, petitioner maintained good conduct and behaviour for the period specified by learned Juvenile Justice Board, as such petitioner has been issued the Character Certificate on 20.03.2014 by District Probation Office