Petitioner-lady is knocking at the doors of writ Court

seeking invalidation of the Endorsement dated 06.09.2021

(Annexure-A) issued by the respondent-Regional Passport

Officer and for a direction to consider her application for

renewal of the passport, which has since expired. The

Endorsement reads as under:

<To,

KASTURI RAJUPETA,

W/O SHIVAKUMAR REDDY CHENNAREDDY,

NO.14, RAMANASHREE,

29^TH MAIN,BTM LAYOUT, II STAGE,

BENGALURU 3 560 076.

KARNATAKA, INDIA.

Subject:

Clarifications

required

regarding

issuance

of

Passport

facilities

to

Shri/Smt/Kumari/Master

KASTURI

RAJUPETA.

This is in reference to your application for

reissue, with file number BN1073465217721

dated 22/7/2021.

You are requested to submit the final

disposal order of the case that is pending

against you, to process your application for a

full validity passport.

3

Alternatively, you may submit permission

from the concerned Court for reissue of

passport/travel abroad. The validity of the

passport so issued would be subject to

conditions mentioned in the court order as per

gazette

notification

GSR

570(E)

dated

25/08/1993.

Please

quote

the

reference

number

mentioned in the top block of this letter for

further correspondence.=

2. After service of notice, the respondents having

entered appearance through the learned ASG resist the

writ petition by filing the Statement of Objections on

18.11.2021 principally contending that a criminal case is

pending against the petitioner and therefore she should

obtain and produce a facilitative order at the hands of the

learned Judge of the said Court, so that her application for

renewal of passport may be favourably considered. So

contending, learned ASG seeks dismissal of the writ

petition.

3. Having heard the learned counsel for the parties

and having perused the petition papers, this Court is

inclined to grant indulgence in the matter as under and for

the following reasons:

4

(a) The Right to travel is an inviolable human right

enshrined

under

Article

13

of

the

UNIVERSAL

DECLERATION

OF

HUMAN

RIGHTS.

Under

our

Constitution, the Right to travel abroad is held to be a

facet of fundamental right to life & liberty guaranteed

under Article 21 vide MANEKA GANDHI vs. UNION OF

INDIA AIR 1978 SC 597. The Apex court relying on the

opinion of Justice William O. Douglas in the case of KENT

v. DULLES 357 US 116 (1958) observed: <&Mr. Justice

Douglas said in Kent v. Dulles that 8freedom of movement

across frontiers in either direction, and inside frontiers as

well, was a part of our heritage. Travel abroad like travel

within the country, may be necessary for livelihood. It may

be as close to the heart of the individual as the choice of

what he eats, (1) [1950] S.C.R. 594 or wears, or reads.

Freedom of movement is basic in our Scheme of values.9 And

what the learned Judge, said in regard to freedom of

movement in his country holds good in our country as well.

Freedom of movement has been a part of our ancient

tradition which always upheld the dignity of man and saw

in him the embodiment of the Divine&=

(b) To go abroad, one needs Travel Documents

namely, a Passport issued by his native country and the

5

Visa that may be issued by the host country. At this

juncture, it would be profitable to trace the historical and

etymological origin of the use and nature of passports. The

word Passport is derived from a French word, 8passer9

(circa 15), literally meaning authorization to depart from

the port. The word Visa is derived from Latin 8videre9 (mid

19^th century), which means 8to see9, i.e., to see a place. The

Madras High Court in V.G ROW vs. STATE OF MADRAS

AIR 1954 Mad 240 has succinctly traced the history of the

passport at paragraph 11 as under:

<&11. Historically, the original meaning of the

term "passport" appears to have been different

from the modern sense. It was evidently a rule

of common law in the 14th and 15th centuries

in England that no subject could leave the

realm without a license or passport. This was

founded on th