Case Note & Summary
The petitioner, Aynul Yakheen Ibrahim, held a passport (No. Z4045513) valid until 04.10.2026, but the pages were exhausted due to frequent travel. On 02.12.2024, he applied for re-issuance of passport with all necessary documents. The Regional Passport Officer (first respondent) issued a communication on 10.12.2024 asking him to explain a criminal case registered against him in Crime No.82 of 2022. The petitioner then filed a writ petition under Article 226 of the Constitution seeking a mandamus to direct the first respondent to renew and re-issue the passport. During hearing, the Government Advocate submitted that the criminal case had culminated in a charge sheet in SC No.90 of 2023 before the Additional Judicial Magistrate No.I, Madurai. The court, after hearing all parties, held that the right to travel abroad is a fundamental right and the petitioner's career and avocation may be at stake if denied. The court granted liberty to the petitioner to move the trial court for the relief sought, directing that any such miscellaneous petition be numbered and disposed of within three weeks. The trial court was directed to bear in mind the fundamental right and not deny relief unless extraordinary circumstances exist. The trial court may impose conditions, including requiring the petitioner to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat, to ensure prosecution is not stalled. Based on the trial court's order, the petitioner shall approach the Regional Passport Officer, who shall dispose of the application accordingly. The writ petition was allowed with no costs.
Headnote
A) Passport Law - Renewal of Passport - Pending Criminal Case - Right to Travel Abroad - The petitioner sought renewal of passport which was opposed due to a pending criminal case. The court held that right to travel abroad is a fundamental right and directed the petitioner to approach the trial court for relief, which shall be considered within three weeks unless extraordinary circumstances exist. The trial court may impose conditions to ensure prosecution is not stalled. (Paras 5-7)
Issue of Consideration
Whether the petitioner is entitled to renewal and re-issuance of passport despite a pending criminal case against him.
Final Decision
The Writ Petition is allowed. The petitioner is given liberty to move the learned Additional Judicial Magistrate No.I, Madurai for the relief sought. Any such miscellaneous petition shall be numbered and disposed of within three weeks. The trial court shall bear in mind that right to travel abroad is a fundamental right and shall not deny relief unless extraordinary circumstances exist. The trial court may impose conditions, including requiring the petitioner to file an application under Section 228 of Bharatiya Nyaya Suraksha Sanhita, 2023, by executing a special vakalat. Based on the trial court's order, the petitioner shall move the jurisdictional Regional Passport Officer, who shall dispose of the application in terms of the said order. No costs.
Law Points
- Right to travel abroad is a fundamental right
- Passport renewal cannot be denied solely due to pending criminal case
- Trial court to consider application for passport renewal within three weeks
- Conditions may be imposed to ensure prosecution not stalled
