E-Paper
Mere pendency of criminal case can’t override personal liberty: Rajasthan HC
The Rajasthan high court overruled the regional passport office (RPO)’s refusal to re-issue a Kota man’s passport to perform the Hajj citing pendency of a criminal case
Mere pendency of a criminal case cannot override the fundamental right to personal liberty under the Constitution’s Article 21, the Rajasthan high court has said, overruling the regional passport office (RPO)’s refusal to re-issue a Kota man’s passport to perform the Hajj.
“Pendency of criminal case under Sections 498-A [cruelty against a woman by her husband or his relatives] and 406 [criminal breach of trust] IPC [Indian Penal Code] cannot be a ground to deny permission to the petitioner to travel abroad for the religious purpose...,” said Justice Anoop Kumar Dhand.
Kota resident Mohammad Muslim Khan, 61, moved the court for re-issuance of his passport to travel to Mecca and Medina. A local court earlier granted him liberty to approach the passport authority. But the Kota RPO rejected Khan’s passport reissue application in May.
The high court expressed disapproval of the casual disposal of applications related to international travel for religious purposes. It referred to the Supreme Court’s decision in the Maneka Gandhi versus Union of India case (1978), which expanded the scope of natural justice. The Supreme Court ruled that any action violating fairness, reasonableness, and due process would be arbitrary and unconstitutional. It said that natural justice is “not a creation of the Constitution but inherent in human values.”
The high court emphasised that each citizen has a right to go abroad,” and arbitrary restrictions would violate constitutional protections. It said that the passport authority is not in a position to take appropriate decisions due to a lack of clear and specific orders.
The court asked all subordinate courts to pass clear and specific orders in such matters. It directed the circulation of the court’s instructions to all judicial officers for compliance in similar matters involving travel during the pendency of criminal cases.
