The Hon’ble Rajasthan High Court opined that a short-term passport validity poses practical difficulties in obtaining visas from certain countries. 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.
It was further ruled that 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.
Brief Facts:
The present petition has been filed to seek directions to Respondent for enabling the Petitioner to apply and renew his passport for a period of 10 years instead of one year. Needful is not being done by the prosecution due to ongoing criminal proceedings against him.
The petitioner is an under trial in proceedings arising from a matrimonial dispute, which led to the registration of FIR in respect of dowry demands and cruelty allegations made by his wife.
Charges against the Petitioner were upheld. A petition was filed which remains sub judice with a stay granted by a co-ordinate bench on the charges framed against the petitioner. Trial has thus not commenced beyond the stage of framing of charges.
Observations of the Court:
The Court opined that right to travel is intrinsically contained in the right to earn a livelihood.
It was ruled that a short-term passport validity poses practical difficulties in obtaining visas from certain countries. 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.
The Bench noted that 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.
The decision of the Court:
The Hon'ble Court, after noting facts and circumstances upheld the petition.
Case Title: Abhayjeet Singh v. State Of Rajasthan
Coram: Hon’ble Mr. Justice Arun Monga
Case No.: S.B. Criminal Misc(Pet.) No. 5870/2024
Advocate for the Petitioner: Adv.Mr. Nishant Bora
Advocate for the Respondent: Adv. Mr. H.S. Jodha
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