Denial of passport affects fundamental rights, says Delhi High Court
6 years, 6 months ago

Denial of passport affects fundamental rights, says Delhi High Court

The Hindu  

The Delhi High Court has held that the denial of a passport or its non-renewal affects the fundamental rights guaranteed under the Constitution while directing the government to renew immediately the passport of a man whose residential status in Canada was in jeopardy due to a delay in the process of renewal. While processing Mr. Chauhan’s application, it was found that another passport, which was valid from April 13, 2016, to April 12, 2026, had been issued by the Consulate General of India, Atlanta. The government’s inquiries revealed that one Jagdip Singh Dhillon, the brother-in-law of Mr. Chauhan, had manipulated the passport service subsystem of the CGI at Atlanta and had dishonestly obtained a passport by impersonating him. “Denial of a passport clearly impinges on the fundamental rights of the petitioner,” the judge said.

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History of this topic

'Applicant Cannot Be Denied Passport Merely Due To Criminal Antecedents Of Family Members': J&K High Court
1 month, 1 week ago

'Applicant Cannot Be Denied Passport Merely Due To Criminal Antecedents Of Family Members': J&K High Court

Live Law  

The Jammu and Kashmir High Court held that the criminal family background cannot be used as a reason to deny a passport to the one applying for it. The court observed that there is no reason to not recommend the case of the petitioner for the issuance of a passport, just because of the involvement of his brother in militancy …

Gujarat High Court Directs Passport Authority To Decide Renewal Plea Of Congress MLA Vimal Chudasama Convicted In Rioting Case
3 months ago

Gujarat High Court Directs Passport Authority To Decide Renewal Plea Of Congress MLA Vimal Chudasama Convicted In Rioting Case

Live Law  

The Gujarat High Court has directed the Passport Authority to decide the plea of Congress MLA Vimal Chudasama–who has court case pending–for renewal of passport, in view of Ministry of External Affairs's notification which permits Indian citizens–against whom criminal proceedings are pending in court–to travel abroad if they present a court order. Section 6 states that passport authority can refuse …

Courts Must Be Liberal In Giving NOC For Issuance Of Passport When Applicant Is Accused Of Matrimonial/Trivial Offence: Kerala HC
3 months, 3 weeks ago

Courts Must Be Liberal In Giving NOC For Issuance Of Passport When Applicant Is Accused Of Matrimonial/Trivial Offence: Kerala HC

Live Law  

The Kerala High Court has said that Courts have to be liberal while considering issuing a No Objection of Certificate for passports when the case pending against the applicant is a matrimonial issue or a trivial/ simple offence.In doing so the court said that if a liberal approach is not adopted in such cases, the applicant's right to go abroad …

Citizenship Act Prevails Over Passport Manual: Delhi High Court
1 year ago

Citizenship Act Prevails Over Passport Manual: Delhi High Court

Live Law  

The Delhi High Court has said that the Citizenship Act, 1955, prevails over the Passport Manual of 2020, observing that a subordinate legislation cannot override the parent legislation.Justice Subramaniam Prasad allowed the plea moved by two minor children against the authorities' decision to cancel their Indian passports and not reissuing the same.The parents of the children were Indian. The Delhi …

Right To Personal Liberty Includes Not Only Right To Travel Abroad, But Also To Possess Passport: Telangana High Court
1 year, 3 months ago

Right To Personal Liberty Includes Not Only Right To Travel Abroad, But Also To Possess Passport: Telangana High Court

Live Law  

The Telangana High Court has held that passport authorities cannot reject a person's application for passport renewal, on the ground that there is a pending criminal case against him. “This Court opines that pendency of criminal case against the petitioner cannot be a ground to deny renewal of passport to the petitioner and the right to personal liberty would include …

Pending criminal case cannot be ground to reject passport renewal: Telangana High Court
1 year, 3 months ago

Pending criminal case cannot be ground to reject passport renewal: Telangana High Court

The Hindu  

Observing that pendency of a criminal case against a person cannot be a ground to deny renewal of passport, Justice Surepalli Nanda of the Telangana High Court on Friday instructed the Regional Passport Officer to consider the application of a 53-year-old Mancherial resident. Mr. Venkatesham, who is facing trial in a cheating case before Second Additional Judicial Magistrate of First …

Karnataka High Court Rejects Plea For Passport Renewal By Man Accused In Mother's Death, Says Short-Validity Passport Application May Be Considered
1 year, 3 months ago

Karnataka High Court Rejects Plea For Passport Renewal By Man Accused In Mother's Death, Says Short-Validity Passport Application May Be Considered

Live Law  

The Karnataka High Court has upheld a decision of the passport authority rejecting the issuance of a regular passport, to an accused charged with offences of murder and criminal conspiracy in the death of his mother. The impugned acknowledgement rejecting issuance of regular passport stands sustained.” The Court however permitted the petitioner to apply for a short-validity passport and for …

Delhi High Court says every citizen has the right to hold a passport
1 year, 8 months ago

Delhi High Court says every citizen has the right to hold a passport

The Hindu  

The Delhi High Court has said that every citizen has a legal right to hold a passport, and authorities cannot refuse to renew it merely on an apprehension that the earlier passports might have been misused. Justice Subramonium Prasad, while dealing with a petition by an Indian citizen seeking a change in the date of birth mentioned in his passport, …

Passport Renewal Request Can't Be Rejected On Sole Basis Of Pendency Of Criminal Cases: Orissa High Court
2 years, 11 months ago

Passport Renewal Request Can't Be Rejected On Sole Basis Of Pendency Of Criminal Cases: Orissa High Court

Live Law  

The Orissa High Court has held that mere pendency of criminal cases cannot be the sole ground to deny renewal of passport of a person. A Single Judge Bench of Justice Biswanath Rath observed, "…in the opinion of this Court there is in fact no restriction in the renewal of the passport or even grant of passport in the pendency …

Renewal Of Passport Cannot Be Refused Merely On The Ground Of Pendency Of Criminal Appeal: Supreme Court
3 years, 5 months ago

Renewal Of Passport Cannot Be Refused Merely On The Ground Of Pendency Of Criminal Appeal: Supreme Court

Live Law  

The Supreme Court observed that renewal of passport cannot be refused merely on the ground of pendency of criminal appeal.The applicant was convicted for offences punishable under Sections 120-B,420, 468, 471, 477 A of the Indian Penal Code read with Section 13 read with Section 13 of the Prevention of Corruption Act, 1988. The Supreme Court observed that renewal of …

Passport and liberty
3 years, 10 months ago

Passport and liberty

The Hindu  

“L AW has reached its finest moments when it has freed men from the unlimited discretion of some ruler, some civil or military official, some bureaucrat. “If a fundamental right under Article 21 can be exercisable outside India, why can freedom of speech and expression conferred under Article 19 be not so exercisable?” Justice Douglas said in Kent vs Dulles …

Renewal Of Passport Cannot Be Refused Because Of Criminal Case Pending Against Applicant: Karnataka HC [Read Order]
4 years, 5 months ago

Renewal Of Passport Cannot Be Refused Because Of Criminal Case Pending Against Applicant: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has said that section 6 of the Passport Act, by which Passport Authority can refuse issuing a fresh passport to a person against whom criminal case is pending in India, will not apply in cases where the applicant is seeking renewal of his passport. The court even rejected the submission made by the Assistant Solicitor General …

Akshay Kumar responds to Canadian citizenship row, reveals he's already applied for Indian passport
5 years, 3 months ago

Akshay Kumar responds to Canadian citizenship row, reveals he's already applied for Indian passport

Firstpost  

Akshay Kumar on Friday said he is replacing his Canadian passport with an Indian one following a controversy over his citizenship. Declaring that he never thought he needed a document to prove his Indianness, Bollywood superstar Akshay Kumar on Friday said he is replacing his Canadian passport with an Indian one following a controversy over his citizenship. Akshay and Kareena …

Passport Renewal Cannot Be Denied Citing Criminal Case If There Is Permission From Court : Delhi HC [Read Judgment]
5 years, 9 months ago

Passport Renewal Cannot Be Denied Citing Criminal Case If There Is Permission From Court : Delhi HC [Read Judgment]

Live Law  

Holding that the rigours of provisions of the Passport Act which restrict from issuance/ renewal of passport to persons facing criminal prosecution stand relaxed by a notification issued by the Centre in 1993, the Delhi High Court has directed the Regional Passport office to renew the passport of Rajiv Chaturvedi, the Chief General Manager of state-run PEC Limited. Chaturvedi challenged …

Citizens’ Fundamental Rights Cannot Be Held Hostage To Inordinately Long Inquiry Conducted By Passport Authorities: Delhi HC [Read Order]
6 years, 6 months ago

Citizens’ Fundamental Rights Cannot Be Held Hostage To Inordinately Long Inquiry Conducted By Passport Authorities: Delhi HC [Read Order]

Live Law  

The Delhi High Court on Tuesday reiterated that denial of passport or its non-renewal without assigning reasons as listed under the Passports Act, 1967 infringes the fundamental rights guaranteed under the Constitution of India.The judgment was delivered by Justice Vibhu Bakhru, on a petition filed by one Jasvinder Singh Chauhan praying for the renewal of his passport and issuance of …

Mere Act Of Seeking Political Asylum No Ground For Denying Passport, Not Prejudicial To Sovereignty And Integrity Of India: Delhi HC [Read Judgment]
7 years, 2 months ago

Mere Act Of Seeking Political Asylum No Ground For Denying Passport, Not Prejudicial To Sovereignty And Integrity Of India: Delhi HC [Read Judgment]

Live Law  

Can acts of individuals in visiting a foreign country on an Indian passport and then applying in that country for asylum, can be construed as “prejudicial to the sovereignty and integrity of India” result in justifiable refusal of passport to such individual under Section 6 of the Passport Act, 1967?The Delhi High Court has answered the question in negative while …

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]
7 years, 4 months ago

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]

Live Law  

The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to Indian citizens staying in designated Tibetan refugee settlements.The Court was hearing a Petition filed by one Tamding Dorjee, challenging the decision of the Union Ministry of External Affairs denying him a passport. The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to …

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]
7 years, 4 months ago

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]

Live Law  

The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to Indian citizens staying in designated Tibetan refugee settlements.The Court was hearing a Petition filed by one Tamding Dorjee, challenging the decision of the Union Ministry of External Affairs denying him a passport. The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to …

Delhi HC Miffed As Passport Office Chooses To Ignore Order On Passport To Tibetans Born In India [Read Judgment]
7 years, 6 months ago

Delhi HC Miffed As Passport Office Chooses To Ignore Order On Passport To Tibetans Born In India [Read Judgment]

Live Law  

The Delhi High Court has slapped a cost of Rs. 25,000 to be paid to a man whose passport was revoked on illusory grounds ranging from concealment of his parents' Tibetan origin to Intelligence Bureau report that he has purchased several properties with funds from the foreign government.Justice Vibhu Bakhru also pulled up the passport office for asking the petitioner …

Mull over consequences if passport impounded while travelling overseas: Delhi HC
7 years, 7 months ago

Mull over consequences if passport impounded while travelling overseas: Delhi HC

India TV News  

Mull over consequences if passport impounded while travelling overseas: Delhi HC The SC bench pointed out that such citizens would not be able to return to India as they would not be able to pass through immigration with a passport that is impounded. The Delhi High Court has asked the Centre to mull over the consequences Indian citizens would suffer …

Power To Revoke Passport Serious Restriction On Fundamental Rights: Delhi HC [Read Order]
7 years, 8 months ago

Power To Revoke Passport Serious Restriction On Fundamental Rights: Delhi HC [Read Order]

Live Law  

“In the present case, there is no whisper of any allegation or any circumstance which would indicate that it is necessary to impound/revoke the petitioner’s passport in the interests of the sovereignty and integrity of India, the security of India or friendly relations of India with any foreign country,” it said. Observing that the power to revoke or suspend passport …

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]
8 years, 10 months ago

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]

Live Law  

Mother’s name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent, held the Court.Delhi High Court has held that for issuing passport, there is no legal requirement for insisting upon the father's name of the Applicant. Justice Manmohan has allowed the Writ …

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]
8 years, 10 months ago

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]

Live Law  

Mother’s name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent, held the Court.Delhi High Court has held that for issuing passport, there is no legal requirement for insisting upon the father's name of the Applicant. Justice Manmohan has allowed the Writ …

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]
9 years, 2 months ago

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]

Live Law  

A Division Bench of Delhi High Court on Thursday rejected Mr. Prashant Bhushan’s petition challenging a provision under the Passports Act, 1967 and a notification which authorized the authorities to renew the Passport only for a period of one year, if the applicant had criminal proceedings pending against him.The Bench, comprising Chief Justice G. Rohini and Justice Jayant Nath was …

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]
10 years, 8 months ago

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]

Live Law  

A Delhi High Court bench comprising of Justice Manmohan reiterated the Fundamental Right to travel abroad and have a passport issued. The petitioner was also directed to pay Rs 50,000 to the Lok Nayak Jai Prakash Narayan Hospital, observing that he has been negligent in taking care of his passport. In the recent case of Teesta Chattoraj Vs. Union of …

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]
10 years, 8 months ago

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]

Live Law  

A Delhi High Court bench comprising of Justice Manmohan reiterated the Fundamental Right to travel abroad and have a passport issued. The petitioner was also directed to pay Rs 50,000 to the Lok Nayak Jai Prakash Narayan Hospital, observing that he has been negligent in taking care of his passport. In the recent case of Teesta Chattoraj Vs. Union of …

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]
58 years, 1 month ago

Delhi HC rejects Prashant Bhushan's Challenge against Sec 6(2)(f) of the Passports Act, 1967 [Read Judgment]

Live Law  

A Division Bench of Delhi High Court on Thursday rejected Mr. Prashant Bhushan’s petition challenging a provision under the Passports Act, 1967 and a notification which authorized the authorities to renew the Passport only for a period of one year, if the applicant had criminal proceedings pending against him.The Bench, comprising Chief Justice G. Rohini and Justice Jayant Nath was …

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