Can pending case prevent foreign trip? Court defends doctor’s right to travel
GS2Polity · Governance · IR· Fundamental rights, DPSP & duties· Prelims + Mains·
Why in news
The Andhra Pradesh High Court ruled that the denial of a cardiologist's passport renewal due to pending criminal proceedings was unjustified, upholding the right to travel.
Background
The Andhra Pradesh High Court directed the Regional Passport Officer to renew a cardiologist's passport. The court ruled that Section 6(2)(f) of the Passport Act, 1967, does not provide an absolute bar against passport issuance in cases of pending criminal proceedings.
Facts for Prelims
- Act / BillPassport Act, 1967: Governs the issuance and renewal of passports in India.
- FactSection 6(2)(f) of the Passport Act, 1967: Empowers authorities to refuse passports in cases of pending criminal proceedings.
- PlaceAndhra Pradesh High Court: The judicial body that delivered the ruling.
For Mains
Q. To what extent does the right to travel abroad constitute a fundamental right, and how should the state balance this against the need to prevent absconding in criminal cases?
Dimensions to cover in your answer
- Judicial interpretation: Balancing Article 21 rights against the state's power to prevent flight from justice
- Administrative discretion: Ensuring 'fairness, reasonableness, and legality' in the exercise of executive powers under the Passport Act
Keywords: Right to travel · Article 21 · Administrative discretion · Passport Act 1967 · Judicial review
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