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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Mohammed Tahseen – Appellant
Versus
The Union of India – Respondent
ORDER :
1. Heard Mr. Mohd Rafee, learned counsel appearing on behalf of the petitioner and Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent Nos.1 and 2.
2. The Case of the petitioner as per the averments made by the petitioner in support of the present writ petition is that the petitioner is a resident of Purani Haveli at Hyderabad. He has obtained passport bearing No.G7252775 from respondent No.2 vide File No.HY3075585665323, dated 18.07.2023, which was valid upto 23.01.2018. Therefore, he has applied for renewal of passport by following the due procedure. After several representations being made by the petitioner, the petitioner has received a letter No.SCL/316361085/23, dated 01.12.2023, from the Passport authorities stating that the petitioner is involved in Crime No.42/2009 on the file of XV Addl. CMM, Nampally, Hyderabad for the offences punishable under Sections 147 , 148, 307 IPC, 295-A, 324, 333, 153A, 295(A) r/w 149 IPC and Section 7(1) CLA ACT , 1932, of Dabeerpura P.S., which was numbered as P.R.C.No.338 of 2020 and hence his passport cannot be renewed. Aggrieved by the same, the petitioner has filed the present writ peti
Mere pendency of a criminal case against an applicant cannot justify refusal to renew a passport; the presumption of innocence must be upheld.
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
The mere pendency of a criminal case cannot deny the issuance or renewal of a passport, ensuring respect for constitutional rights unless a specific court order prohibits it.
The mere pendency of a criminal case does not justify denial of passport renewal; a No Objection Certificate from the trial court is required for valid renewal.
The central legal point established in the judgment is that the pendency of criminal cases should not automatically lead to the refusal of passport renewal, as the provisions of the Passports Act, 19....
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 fundamental right to travel abroad cannot be deprived based on pending criminal cases, and the Passports Act requires fair and just procedures for deprivation of this right.
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