Delhi High Court Upholds Passport Rights: A Victory for Personal Liberty

The Delhi High Court reaffirmed the right to hold a passport and travel abroad as a part of personal liberty under Article 21 of the Indian Constitution. Setting aside the impoundment of Yogesh Raheja’s passport, the court emphasized the need for reasonableness and natural justice in any state action restricting such rights.

The Delhi High Court has reaffirmed that the right to hold a passport and travel abroad is a crucial aspect of personal liberty under Article 21 of the Indian Constitution. This verdict emphasizes the judiciary's stance that any imposition on these rights must be reasonable and in line with the principles of natural justice.

Justice Purushaindra Kumar Kaurav made this assertion while overturning the Centre's decision to impound Yogesh Raheja's passport. The impoundment was initially due to the non-disclosure of an FIR pending against Raheja during his passport renewal application. The court found that this action failed legal scrutiny, especially considering that judicial cognisance of the offence occurred after the impoundment.

The case highlights a 2019 office memorandum from the Ministry of External Affairs, which specifies that mere FIR registration does not equate to pending criminal proceedings regarding passport issuance. Consequently, orders related to Raheja's passport from January and March 2025 were set aside, marking a significant judicial victory reinforcing individual rights.

(With inputs from agencies.)