Passport

 

Statue 

1. Section 6(2)(f)  of Passport Act , passport authority SHALL refuse to issue a passport or travel document for visiting any foreign country, if a criminal proceeding is pending against the applicant in India. However that said provision does not provide for refusing to issue a passport for a person who intends to travel back to India. 

Important Points

1. Right to travel cannot be curtailed by refusing to renew passport on pretext of pending criminal cases
2. Passport Authorities
1. Refuse issuance of a fresh passport to a person against whom a criminal case is pending in India
2. Same rule would not apply for renewal of passport

Case Law

1. Satwant Singh Sawhney Vs D. Ramarathanm AIR 1967 SC 1836
1. U/s A21 of Constitution of India, no person can be deprived of his right to travel except according to procedure established by law.
2. Petitioner right to travel cannot be curtailed on the pretext that a criminal case is pending against him by refusing to renew his passport.