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SUREPALLI NANDA
Goverdhan Reddy Bobbili – Appellant
Versus
Union of India – Respondent
ORDER
Surepalli Nanda, J. - Heard Mr.Komatireddy Venkatanarasimha, learned counsel appearing on behalf of the petitioner and Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of the respondents.
2. The petitioner approached this Court seeking the relief as under:
'To issue an appropriate Writ, Order or direction, more particularly one in the nature of a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondent No.2 in refusing the passport services to the Petitioner by issuing the Letter vide Ref.No. SCN/316398827/23 dated 05/12/2023 pursuant to the Application No.HY1075969254923 dated 14.11.2023 on account of pendency of C.C.No 77/2022 filed U/s 420 and 34 of IPC on the file of Judicial Magistrate of First Class, Nalgonda 1 Town as illegal arbitrary and in violation of the rights of the Petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the Letter vide Ref.No.SCN/316398827/23 dated 05/12/2023 and to pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case'.
3. The case of the petitioner in brief is that, th
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 mere pendency of a criminal case does not act as an automatic or absolute bar to the issuance of a passport under the Passports Act, 1967, as the right to travel is a fundamental right protected ....
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 court ruled that the revocation of a passport cannot be justified solely based on pending criminal cases, emphasizing the presumption of innocence and the right to travel as a fundamental liberty....
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.
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