The right to travel abroad is a fundamental liberty that must be protected and cannot be arbitrarily denied without sufficient justification.

Heard Sri B. Abhay Siddhanth, learned counsel for the petitioner, and Sri E. Anjana Reddy, learned panel counsel, appeared for respondents 1 to 3 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondent No.4.

2. The petitioner made an application seeking renewal of the passport vide File No.VS1075942325723 before respondent No.3. However, respondent No.3 has not renewed/reissued the passport.

3. Sri Ajana Reddy, learned panel counsel appearing for respondent No.3, would submit that two notices dated 02.02.2024 were issued to the petitioner, due to an adverse police verification report. Later, a remainder was issued on

26.06.2024. However, the petitioner failed to submit any explanation.

4. Sri Ajay, learned Assistant Government Pleader, would submit that a case in Cr.No.529 of 2019 of Narsipatnam Town Police Station was registered against the petitioner. Later, the Sub-Divisional Police Officer, Narsipatnam, by Memo in C.No.239/C-4/SDPO-NPM/2025, dated 27.05.2025, granted permission to refer the aforementioned crime as „INSUFFICIENT EVIDENCE‟ and the C.D file was returned to Narsipatnam Town Police Station to take further action.

5. The Hon‟ble Apex Court in Maneka Gandhi v. Union of India , [(1978) 1 SCC 248): AIR 1978 SC 597] observed that the right to travel abroad is a part of personal liberty and the right to possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone.

6. The Hon‟ble Apex Court in its decision reported in Satish Chandra Verma v. Union of India (UOI) and others, [(2019) Supreme (SC) 1516] , observed as under:

"The right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual, not only by extending his freedoms of action, but also by extending the scope of his experience. The right also extends to private life; marriage, family and friendship which are the basic humanities which can be affected through refusal of freedom to go abroad and this freedom is a genuine human right."

7. The Hon‟ble Apex Court in Sumit Mehta v. State of NCT of Delhi , [2013 (15) SCC Page 570]

observed as follows:

“The law presumes an accused to be innocent till his guilt is proved. As a presumable innocent person, he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India.”

8. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, directing respondent No.3 to renew/re- issue passport to the petitioner as expeditiously as possible, in pursuance of the application made by the petitioner, without reference to Crime No.529 of 2019 of Narsipatnam Town Police Station keeping in view Rule 12 of the Passport Rules 1980. If the petitioner intends to travel outside India, the petitioner shall get permission from the jurisdictional court. There shall be no order as to costs.