The Rajasthan High Court held that merely because criminal cases are pending against a person, passport renewal cannot be denied automatically. The Court observed that unless the applicant is convicted for an offence involving moral turpitude and sentenced to imprisonment of not less than two years, refusal of passport renewal would violate the right to personal liberty under Article 21 of the Constitution of India.
In this case, the petitioner’s passport renewal application was rejected mainly on the ground that multiple criminal cases were pending against him. However, the Court noted that no conviction had been recorded in any of those cases and all matters were still pending trial.
The Court relied upon:
- Section 6(2) of the Passports Act, 1967,
- Government Notification GSR 570(E) dated 28.06.1993,
- Article 21 of the Constitution,
- and several Supreme Court and High Court judgments recognizing the right to travel abroad as a fundamental human right.
The High Court further held that:
- Pendency of criminal proceedings alone is not sufficient to refuse renewal of passport.
- Every accused is presumed innocent until proven guilty.
- The right to travel abroad forms part of personal liberty under Article 21.
- Passport authorities must act through fair, just and reasonable procedure.
Accordingly, the Court set aside the order refusing passport renewal and directed the competent authority to reconsider and decide the petitioner’s passport renewal application within 30 days in accordance with law.
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