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SUREPALLI NANDA
Bharat Kumar Thota – Appellant
Versus
Union of India – Respondent
ORDER
Surepalli Nanda, J. - Heard Sri Chikkudu Prabhakar, learned counsel for the petitioner and Sri. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondents.
2. The prayer as sought for by the petitioner in the present writ petition reads as under:
' to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.2 in not renewing the passport by keeping the application pending vide File. No. HY1073960595922, dated: 16.02.2022 is illegal, arbitrary, violative of the principles of the natural justice, against the settled principles of law and also violative of Articles 14, 19 and 21 of the Constitution of India and set aside the same and consequently direct Respondent No.2 to renew the passport of the petitioner pursuant to the application vide file no: HY1073960595922, dt. 16.02.2022, forthwith and to pass such other order or order as this Hon'ble Court may deem fit and proper in the circumstances of the case.'
3. It is the specific case of the petitioner that certain clarifications were sought by letter dated 27.04.2022 calling upon the petitioner to inform about the crimin
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 pendency of a criminal case should not be a ground to deny the issuance of a passport, as it violates the right to personal liberty and the right to travel abroad, as established by the Passports....
The main legal point established is that the pendency of criminal cases should not lead to denial of passport facilities, as per the Passports Act, 1967 and Rule 12 of Passport Rules, 1980, and suppo....
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
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