Court orders the release of a Thai citizen's passport for renewal, emphasizing Article 21 rights and fair procedures for foreign nationals.
In a significant ruling, the Rajasthan High Court, Jaipur Bench, presided over by Justice Anoop Kumar Dhand, has ordered the release of a foreign national's passport for renewal, reinforcing the fundamental rights under Article 21 of the Indian Constitution. The case involved Saisuda Chuennok, a Thai national facing criminal charges under the Central Excise and Customs Act, 1962, whose passport renewal was denied by the Additional Chief Metropolitan Magistrate (Economic Offences), Jaipur.
Chuennok, represented by Mr. Arvind Bhadu and Mr. Mohit Pareek, had her passport seized following allegations of gold smuggling. Despite being on bail, her application for passport release was rejected on grounds that she might abscond. The court, however, highlighted that such a refusal violates her right to life and personal liberty, which extends to the right to travel abroad and hold a valid passport.
The judgment cited precedents like Maneka Gandhi v. Union of India and Sumit Mehta v. State of NCT of Delhi, affirming that no law should arbitrarily restrict the right to travel unless it is fair, just, and reasonable. The court further referenced the Foreigners Act, 2025, and stated that discretion for departure lies with the Immigration Officer, ensuring adherence to legal procedures.
Justice Dhand emphasized that the pendency of criminal proceedings should not result in an absolute bar on passport renewal, as it would contravene the fundamental rights guaranteed under Article 21. The court has directed the petitioner to seek prior permission before traveling abroad, ensuring compliance with legal norms while safeguarding her rights.
Bottom line:-
Article 21 of the Constitution of India guarantees the right to life and liberty, which includes the right to travel abroad and hold a valid passport. This right extends to foreign nationals as well, ensuring fair and reasonable procedures are followed when restricting such rights.
Statutory provision(s): Article 21 of the Constitution of India, Passports Act, 1967 Sections 6, 10, 22, Foreigners Act, 2025 Immigration and Foreigners Order, 2025 Clause 5
Saisuda Chuennok v. Union of India, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2907596
