38.6c New Delhi, India, Tuesday, June 18, 2024
Judiciary

Denial Of A Passport Impinges On The Fundamental Rights Says Delhi HC [Read Judgment]

By LawStreet News Network      15 September, 2018 12:00 AM      0 Comments
Denial Of A Passport Impinges On The Fundamental Rights Says Delhi HC [Read Judgment]

The Delhi High Court on September 11, 2018, has held that denial of a passport or its non-renewal impinges on the fundamental rights guaranteed under the Constitution of India.

The judgment was pronounced by Justice Vibhu Bakru, on a writ petition filed 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.

After being nominated by the British Columbia Provincial Nominee Program, Ministry of Jobs, Tourism and Skills Training, Canada for permanent resident status the petitioner on October 28, 2016, applied for renewal of his passport at the Indian Consulate at Vancouver.

The passport was, however, not renewed even after almost two years despite the petitioner’s compliance with all the formalities.

The Central Government, the respondent in the case stated that while processing the Petitioner’s application for renewal of the passport, it was found that another passport had been issued by the Consulate General of India (CGI), Atlanta in the name of Sh. Jagdip Singh Dhillon, who is the brother-in-law of the petitioner.

It was revealed in further inquiry that petitioner’s brother-in-law manipulated the passport service sub system of the CGI at Atlanta and had dishonestly obtained a passport by impersonating the petitioner. The Central Government alleged that this was in collusion with the petitioner.

AdvocateAnjana Gosain, the learned counsel appearing for the respondent submitted that the petitioner’s request for passport could be refused in terms of Clause (i) of Section 6(2) of the Passports Act, 1967; that is, where the Central Government is of the opinion that issuance of a passport will not be in public interest.

However, 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 fundamental rights of a citizen cannot be held hostage to an inordinately long inquiry being conducted by the respondent or its agencies.”

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.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

women-including-housewife-approach-ncw-against-controversial-ips-officer-gyaneshwar-singh
Trending Crime, Police And Law
Women, including housewife, approach NCW against controversial IPS officer Gyaneshwar Singh

Two women approach NCW against controversial IPS officer Gyaneshwar Singh, citing harassment for tweets based on news reports about his involvement in high-profile cases.

17 June, 2024 03:10 PM
courts-this-week-law-street-journal-s-weekly-round-up-of-sc-anf-hcs-june-10-june-15
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [June 10 - June 15]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

17 June, 2024 03:29 PM

TOP STORIES

bjp-workers-stabbed-near-village-masjid-for-celebrating-pm-narendra-modis-victory-by-raising-bharat-mata-ki-jai-slogan
Trending Crime, Police And Law
BJP workers stabbed near village Masjid, for celebrating PM Narendra Modi's victory by raising 'Bharat Mata ki Jai slogan'

BJP workers stabbed near village Masjid in Karnataka for celebrating Narendra Modi's third term as PM.

12 June, 2024 12:11 PM
meghwal-assumes-charge-as-minister-of-state-ind-in-law-and-justice-ministry
Trending Executive
Meghwal assumes charge as Minister of State (Ind) in Law & Justice Ministry

Arjun Ram Meghwal assumes charge as Minister of State (Independent Charge) for Law & Justice, focusing on speedy justice and awareness of new criminal laws.

12 June, 2024 12:39 PM
allahabad-high-court-quashes-fir-grants-protection-to-adult-couple-who-married-against-familys-wishes
Trending Judiciary
Allahabad High Court quashes FIR, grants protection to adult couple who married against family’s wishes [Read Order]

Allahabad High Court quashes FIR, protects couple who married against family’s wishes, emphasizing their constitutional rights and condemning threats to their lives.

12 June, 2024 02:00 PM
inform-on-action-taken-against-tanker-mafia-sc-asks-delhi-govt-on-water-crisis
Trending Judiciary
'Inform on action taken against tanker mafia,' SC asks Delhi govt on water crisis

SC demands Delhi govt to explain action against tanker mafia amid water crisis, heatwave in the capital. Affidavit required on measures taken by June 13.

12 June, 2024 03:52 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email