Case Note & Summary
The petitioner, Arunkumar, held passport No. K3186577 and applied for its renewal on 21.11.2024. The Regional Passport Officer issued a communication on 26.11.2024 seeking explanation regarding a criminal case registered against him in Crime No.166 of 2021 at Gandhi Market Police Station. The petitioner then filed a writ petition under Article 226 of the Constitution seeking a mandamus to direct the passport officer to renew and re-issue the passport. During hearing, the Government Advocate submitted that the case had culminated in a charge sheet filed before the Additional Mahila Court, Trichy. The court heard all parties and perused the record. The court held that the right to travel abroad is a fundamental right and the petitioner's career and avocation may be at stake if denied. It granted liberty to the petitioner to move the trial court for relief, directing that any such application be 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 court also noted that the trial court could impose conditions to ensure prosecution is not stalled, including directing 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 passport officer shall dispose of the renewal application. The writ petition was allowed with no order as to costs.
Headnote
A) Passport Law - Renewal of Passport - Pending Criminal Case - Right to Travel Abroad - The petitioner sought renewal of passport which was withheld due to a pending criminal case. The court held that the right to travel abroad is a fundamental right and directed the petitioner to approach the trial court for permission, which shall be granted unless extraordinary circumstances exist. The trial court may impose conditions to ensure prosecution is not stalled. (Paras 5-7) B) Criminal Procedure - Section 228 Bharatiya Nyaya Suraksha Sanhita, 2023 - Special Vakalat - The court observed that if necessary, the petitioner can be directed to file an application under Section 228 BNSS by executing a special vakalat to ensure his representation during trial. (Para 5)
Issue of Consideration
Whether the petitioner is entitled to renewal and re-issuance of passport despite a pending criminal case against him.
Final Decision
Writ Petition allowed. Petitioner granted liberty to move the Additional Mahila Court, Trichy for relief. Trial court to dispose of any such application within three weeks, bearing in mind that right to travel abroad is a fundamental right. Based on trial court order, passport officer to dispose of renewal application. No order as to costs.
Law Points
- Right to travel abroad is a fundamental right
- Passport renewal pending criminal case
- Section 228 BNSS
- Writ of Mandamus
