Court reaffirms Article 21 of the Constitution, directing the release of passport despite anticipatory bail condition breach
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has quashed an order impounding the passport of Charan Singh Singaria, a petitioner who had violated a condition of anticipatory bail by travelling abroad without prior court permission. The decision, delivered by Justice Anoop Kumar Dhand on December 9, 2025, highlights the fundamental right to life and personal liberty, including the right to travel abroad, as enshrined in Article 21 of the Constitution of India.
The case arose when Charan Singh Singaria, facing charges under Sections 420, 467, 468, 471, 406, and 120B of the Indian Penal Code, was granted anticipatory bail with a stipulation that he would not leave the country without court approval. However, he travelled to the United States to resolve a family dispute without seeking such permission, leading the trial court to direct the impounding of his passport.
Justice Dhand emphasized that disobedience of court orders undermines the rule of law, a cornerstone of democratic societies, but also recognized the fundamental right to travel abroad as part of personal liberty. The judgment noted that while the petitioner violated bail conditions, impounding his passport would infringe upon his constitutional rights, especially since he had already served time in custody and been released on bail.
Acknowledging the petitioner’s family ties abroad and the need for his passport renewal, the court directed the Passport Authority to release the document. Justice Dhand underscored that orders impinging on fundamental rights require substantial justification, which was lacking in this case.
The court’s decision reflects a careful balance between upholding judicial orders and protecting individual liberties. It mandates the petitioner to submit an undertaking to the trial court, promising to deposit his renewed passport and refrain from international travel without judicial consent.
This judgment reiterates the judiciary's role in safeguarding constitutional rights while stressing accountability to legal directives. The ruling serves as a reminder of the legal system's duty to ensure that actions affecting fundamental rights are justifiable and proportionate.
Bottom Line:
Rule of Law - Disobedience of court orders attacks the foundation of rule of law. Impounding of passport violating the fundamental right to travel abroad under Article 21 of the Constitution of India is unsustainable.
Statutory provision(s): Section 437 and 439 of the Criminal Procedure Code, 1973; Article 21 of the Constitution of India
Charan Singh Singaria v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2825289
