The Delhi High Court has delivered a significant judgment that brings relief to many citizens facing passport issues due to police complaints. Justice Purushaindra Kumar Kaurav ruled that the right to travel abroad is a fundamental human right under Article 21 of the Constitution. The court set aside an order by the Ministry of External Affairs that had impounded a citizen’s passport, stating that authorities cannot stop someone from traveling merely because an FIR has been registered against them.
Does an FIR mean your passport will be stopped?
The court clarified a very important legal point regarding criminal cases and passport services. Many people believe that once an FIR is filed, they cannot get a passport or travel abroad. However, the High Court stated that just registering an FIR does not mean criminal proceedings are legally “pending” against a person.
According to the ruling, proceedings are considered pending only when a Magistrate takes “cognizance” of the charge sheet filed by the police. Until the court formally acknowledges the case, the passport office cannot refuse to renew a passport or decide to impound it solely based on an ongoing investigation. This ensures that people are not stopped from traveling just because of a complaint that hasn’t reached the trial stage.
Rules for Passport Renewal and Validity
This judgment serves as a check on the powers of administrative bodies like the Regional Passport Office. The court observed that passport authorities should not act as supervisory bodies over criminal courts. If the court hearing the case has not restricted the individual from traveling, the passport office should not create indefinite barriers for the common man.
Regarding renewals, while rules often limit passports to one year for those with pending cases, the court noted that if a trial court issues a “No Objection Certificate” (NOC), the authority should consider granting a standard validity passport. This decision supports the idea that procedural safeguards should not become rigid hurdles for citizens who need to travel for work or personal reasons.
