Court Orders Issuance of NOC and Passport Renewal, Upholding Fundamental Rights
In a significant ruling, the Allahabad High Court's Lucknow Bench, presided over by Justice Pankaj Bhatia, quashed an order denying the renewal of a passport for Ms. Sapna @ Sapna Choudhary, a renowned stage performer. The court held that the denial of a No Objection Certificate (NOC) for passport renewal, based on a pending criminal case, violated her fundamental rights under Articles 19 and 21 of the Constitution of India.
Ms. Choudhary's application for passport renewal was initially rejected due to an ongoing criminal case registered in 2018 under Sections 406 and 420 of the IPC. However, the bail order pertaining to this case did not impose any travel restrictions. The court observed that the issuance of a passport and the conditions for international travel are distinct matters. The denial of an NOC without explicit restrictions in the bail order was deemed unjustified.
Justice Bhatia emphasized that the right to travel abroad is an integral part of the freedom and livelihood guaranteed by the Constitution. The court noted that no evidence suggested Ms. Choudhary was a flight risk, and the denial of her passport renewal infringed upon her professional obligations as a stage performer, as well as her rights to earn a livelihood.
Citing the Supreme Court judgment in Mahesh Kumar Agarwal v. Union of India, the court reiterated that liberty is a fundamental obligation of the state, and any restraint must be narrowly tailored to the necessity of justice, security, or public order. The High Court directed the issuance of an NOC for Ms. Choudhary's passport renewal for ten years, with the liberty for the prosecution to seek changes in bail conditions if required.
The court's decision underscores the importance of balancing state power with individual dignity and the constitutional promise of freedom, setting a precedent for similar cases involving travel restrictions due to pending criminal proceedings.
Bottom Line:
Issuance of passport and restrictions on leaving the country without court permission are distinct. In absence of any such restriction in bail orders, a denial of NOC for passport renewal is unjustified.
Statutory provision(s): Criminal Procedure Code, 1973 Section 482, Passports Act, 1967 Sections 6 and 22, Constitution of India, 1950 Articles 19 and 21.
Ms. Sapna @ Sapna Choudhary v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2836842
