‘Right to travel cannot be curtailed:’ Telangana High Court orders NRI passport renewal

Case

A case stems from the petition of an Indian citizen who is residing in the USA for over a decade now being employed there. The petitioner applied for the renewal of his passport, which had an expiry date of November 30.

He was informed by the authorities concerned through an email that he was listed as an accused under Section 498A (husband or relative of husband of a woman subjecting her to cruelty) of the IPC, provisions of the Dowry Prohibition Act, before the ‘Women Protection Section’ of Hyderabad police.

He replied to the officials concerned through the email only that the allegations are “baseless and vague,” motivated by a grudge and personal vendetta.

The officials did not respond to him following which, he moved the Telangana High Court.

Arguments

Representing the petitioner, advocate L Ravichande argued that pendency of criminal proceedings cannot be a ground for delaying or renewal of the passport and obtaining a passport by a citizen is his right, which cannot be curtailed.

He further submitted that the petitioner is an Indian national and is now in the USA and he applied for renewal of his passport well in advance before the expiration of the validity.

Unless his passport is renewed, he would be deprived of a legally valid Indian passport, his residency and employment status in the USA would be jeopardised, submitted the counsel.

The Central government argued that the petitioner is an accused in the case, and the parents of the petitioner initially attended the proceedings on his behalf.

The government informed the court that after the petitioner discontinued attending the case, a non-bailable warrant was issued against him.

He did not disclose these facts while applying for renewal amounting to misrepresentation and suppression of facts, said the government counsel.