Gujarat High Court has passed an important verdict regarding passports. It has been ordered that even if a criminal case is pending, the passport can be renewed for 10 years. The trial court can impose conditions on going abroad. However, the passport department has no such authority.
The Gujarat High Court stated, while observing Article 21 of the Constitution, that travelling in any part of the world is a fundamental right of the Constitution. Presenting the accused before the court at the time of trial is the responsibility of both the accused and the trial court. The decision of whether or not to renew the passport on the basis of the type of the criminal case pending against the accused is not in the hands of the passport office.
Apart from this, the High Court noted that the rules implemented by the Centre under the Passport Act should be interpreted. It is noteworthy that till now the passport department, interpreting the Central Government’s notification, was renewing the passport for only 1 year in cases where a criminal case was pending. The passport was renewed for 3 to 5 years if the applicant went to the court. However, this is the first time that the Gujarat High Court noted that the passport should be renewed for 10 years.
Prior to this, the Supreme Court had made provisions regarding the rules and responsibilities of the passport department during the Maneka Gandhi case. In which, taking into account Article 21 of the Constitution, it was stated that the passport department could not cancel any person’s passport without hearing them or without giving any proper reason.
The court, at that time, had ordered the passport department to place abroad travel under Article 21, which protects life and personal liberty.