Right to hold passport, travel abroad integral facet of personal liberty: Delhi HC

Right to hold a passport and travel abroad is an integral facet of personal liberty under Article 21 of the Constitution of India, the Delhi High Court has said.

When any action of the authorities impinges on such a right, the court asserted, it must be reasonable and be in accordance with the principles of natural justice.

Justice Purushaindra Kumar Kaurav passed the order while setting aside the Centre’s decision to impound the passport of Yogesh Raheja, erstwhile Director of Raheja Developers, for failing to disclose the pendency of an FIR against him at the time of applying for renewal.

The order impounding the petitioner’s passport was passed by the authorities on January 17, 2025, and his appeal against the decision was rejected by the appellate authority on March 25, 2025.

The petitioner’s counsel said, as per a 2019 office memorandum by the Ministry of External Affairs, mere registration of an FIR did not amount to pendency of criminal proceedings for issuance of a passport unless a court of competent jurisdiction has taken cognisance of the offence.

The court observed that the reasons assigned by the authorities to impound the petitioner’s passport did not withstand the scrutiny of law, as he had applied for renewal of his passport in October 2024 and cognisance was taken only in February 2025, a month after the impounding order.

“The right to hold a passport and to travel abroad is an integral facet of the right to personal liberty guaranteed under Article 21 of the Constitution of India. It follows that any State action impinging upon the right to hold a passport must satisfy the test of reasonableness and must be in conformity with the principles of natural justice,” the court said.

“It is evident that the decision passed by the respondents cannot be sustained. Accordingly, orders dated 17.01.2025 and 25.03.2025 stand set aside,” the court concluded. The petitioner was represented by Sandeep Kapur, a senior partner at law firm Karanjawala & Co.