Delhi High Court has made it clear in an important decision that the right to go abroad is a fundamental right which cannot be easily taken away. Justice Purushaindra Kumar Kaurav The Bench, while hearing a case, said that only in the police FIR Being booked does not mean that a person’s passport should be confiscated. The court quashed the order of the Ministry of External Affairs (MEA) in which the passport of a person was seized only on the basis of investigation. This decision is a big relief for those who were not able to renew their passports due to old cases or police complaints.
Can passport renewal be stopped if FIR is registered?
In its decision, the court has explained the nuances of the passport law in very simple language. The court said that mere filing of FIR is not proof that criminal proceedings are pending. Legally, proceedings are considered ‘pending’ when the Magistrate on the police charge sheet Cognizance Let’s take it.
Unless the court takes cognizance, the Passport Authority cannot confiscate someone’s passport merely on the ground that an investigation is underway against him. The Court clarified that administrative authorities cannot consider themselves above criminal courts and cannot arbitrarily ban travel.
What clarity has come in the rules for Indians going abroad?
This decision is very important for those Indians who travel abroad for work or business. It has often been seen that the Passport Office used to stop the file in case of FIR in small disputes. Now, from the recent stance of the High Court and the Supreme Court, it has become clear that procedural safeguards cannot be made a hindrance.
Fundamental Rights: Constitution’s right to travel abroad Article 21 Part of individual freedom under.
Importance of NOC: If ‘No Objection Certificate’ (NOC) is granted from the trial court, the passport office should consider renewal for normal 10 years and not just for 1 year.
Supreme Court’s stance: Recently, the Supreme Court has also acknowledged that it is not right to stop a person from going abroad indefinitely, especially when the court has given permission.