The Delhi High Court has held that denial of a passport or its non-renewal impinges on the fundamental rights guaranteed under the Constitution of India..The pronouncement by Justice Vibhu Bakru, came in a writ petition by an Indian Citizen who is working as a truck driver in Canada on a legal work permit. The Petitioner had sought for a direction to the Central Government to issue a fresh passport after renewal..He had applied for renewal of his passport at the Indian Consulate at Vancouver after being nominated by the British Columbia Provincial Nominee Program, Ministry of Jobs, Tourism and Skills Training, Canada for permanent resident status..The passport was, however, not renewed even after almost two years..While processing the Petitioner’s application, it was found that the Petitioner’s brother-in-law had manipulated the passport service subsystem of the Consulate General of India (CGI), Atlanta and dishonestly obtained a passport by impersonating the Petitioner..The Central Government alleged that this fraud was committed in collusion with the Petitioner. Since the matter was still being investigated, the Central Government was “awaiting the outcome” of an investigation to issue a fresh passport..The Court observed that although the Central Government has not refused renewal of passport as yet, the fact that it has not been renewed in almost two years despite the Petitioner’s compliance with all the formalities, left “no room for doubt that the petitioner has been denied passport facilities”..The Court held that denial of a passport ‒ which is the effect of non-renewal for such an extended period – clearly impinges on the fundamental rights of the Petitioner..“The fundamental rights of a citizen cannot be held hostage to an inordinately long inquiry being conducted by the respondent or its agencies.”, it stated.. The Court noted that even after expiry of two years, the Central Government has not formed an opinion on whether it was in public interest to deny passport facilities to the Petitioner..The Court, thus, directed that the Petitioner’s passport must be renewed immediately as its non-renewal “has seriously curtailed the Petitioner’s ability to carry on with his employment in Canada.”.It, however, clarified that if the inquiries reveal any ground to form an opinion that the petitioner should be denied a passport in the interest of general public, the Central Government can cancel the passport in accordance with law..The Petitioner was represented by Advocates Nandita Rao and Iti Pandey..The Central Government was represented by Advocates Anjana Gosain and Rabiya Thakur..Read the judgement:
The Delhi High Court has held that denial of a passport or its non-renewal impinges on the fundamental rights guaranteed under the Constitution of India..The pronouncement by Justice Vibhu Bakru, came in a writ petition by an Indian Citizen who is working as a truck driver in Canada on a legal work permit. The Petitioner had sought for a direction to the Central Government to issue a fresh passport after renewal..He had applied for renewal of his passport at the Indian Consulate at Vancouver after being nominated by the British Columbia Provincial Nominee Program, Ministry of Jobs, Tourism and Skills Training, Canada for permanent resident status..The passport was, however, not renewed even after almost two years..While processing the Petitioner’s application, it was found that the Petitioner’s brother-in-law had manipulated the passport service subsystem of the Consulate General of India (CGI), Atlanta and dishonestly obtained a passport by impersonating the Petitioner..The Central Government alleged that this fraud was committed in collusion with the Petitioner. Since the matter was still being investigated, the Central Government was “awaiting the outcome” of an investigation to issue a fresh passport..The Court observed that although the Central Government has not refused renewal of passport as yet, the fact that it has not been renewed in almost two years despite the Petitioner’s compliance with all the formalities, left “no room for doubt that the petitioner has been denied passport facilities”..The Court held that denial of a passport ‒ which is the effect of non-renewal for such an extended period – clearly impinges on the fundamental rights of the Petitioner..“The fundamental rights of a citizen cannot be held hostage to an inordinately long inquiry being conducted by the respondent or its agencies.”, it stated.. The Court noted that even after expiry of two years, the Central Government has not formed an opinion on whether it was in public interest to deny passport facilities to the Petitioner..The Court, thus, directed that the Petitioner’s passport must be renewed immediately as its non-renewal “has seriously curtailed the Petitioner’s ability to carry on with his employment in Canada.”.It, however, clarified that if the inquiries reveal any ground to form an opinion that the petitioner should be denied a passport in the interest of general public, the Central Government can cancel the passport in accordance with law..The Petitioner was represented by Advocates Nandita Rao and Iti Pandey..The Central Government was represented by Advocates Anjana Gosain and Rabiya Thakur..Read the judgement:
