Observing that pendency of a criminal case against a person cannot be a ground to deny renewal of passport, Justice Surepalli Nanda of the Telangana High Court on Friday instructed the Regional Passport Officer (RPO-Hyderabad) to consider the application of a 53-year-old Mancherial resident.
The judge directed the RPO to consider the application of petitioner Ravikanti Venkatesham for renewal of his passport within a week of receiving the order copy. Mr. Venkatesham, who is facing trial in a cheating case before Second Additional Judicial Magistrate of First Class, Mancherial, said in his writ petition that he had applied for renewal of his passport in January this year.
The RPO informed the applicant that his passport cannot be renewed since he was involved in a criminal case. Challenging this decision, the applicant moved the HC, contending that the RPO’s decision was unconstitutional and against the principles of natural justice. Disposing of the petition, the judge noted that the right to personal liberty included not only the right to travel but also that of the right to possess a passport.
The judge cited a verdict of the Supreme Court in Sumit Mehta vs State of NCT of Delhi, in which the apex court noted that the “law presumes an accused to be innocent till his guilt is proved”. The apex court in that case observed that “as a presumable innocent person, he is entitled to all the fundamental rights, including the right to liberty guaranteed under Article 21 of the Constitution of India”.
In another case, the apex court held that refusal of a passport can be allowed only in a case where an applicant is convicted during the period of five years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years.
