Rajasthan: The Rajasthan High Court has delivered a significant order, directing the state authorities to issue a No Objection Certificate (NOC) to enable an undertrial to apply for a passport with the standard 10-year validity, despite ongoing criminal proceedings against him.
Justice Arun Monga allowed a petition filed by Abhayjeet Singh, who is facing trial in a matrimonial dispute case, seeking directions for the renewal of his passport for 10 years, instead of the one-year validity granted earlier.
The court noted that the petitioner, a farmer exporting ‘Kinnu’ produce to Saudi Arabia, requires international travel for his business. It observed, “Whether the passport is valid for one year or ten years does not materially affect the allegations against the petitioner regarding potential absconding. Thus, the renewal of his passport for the full 10-year duration would not, in any case, prejudice the respondent or the complainant.”
Emphasizing the fundamental right to travel, the court held, “It is a well-established principle that the right to travel is intrinsically linked to the right to earn a livelihood. Courts have consistently upheld this as a fundamental right, subject, of course, to reasonable restrictions.”
The court rejected the prosecution’s concerns, stating, “There is no substantive evidence or reasonable apprehension presented before this Court that the petitioner poses a flight risk or intends to abscond from the legal proceedings.”
Citing Rule 12 of the Passport Rules, 1980, the court clarified that a citizen is entitled to a passport with a minimum validity of 10 years. It observed, “The Passport Act, 1967, and the Rules framed thereunder do not provide for arbitrary reduction in the validity period of a passport for individuals not convicted of any offense.”
In conclusion, the court directed the state authorities to issue the requisite NOC within 30 days to enable the petitioner to apply for a 10-year validity passport. However, it clarified that the petitioner must abide by bail conditions and comply with any other conditions imposed by the trial court for international travel.
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