Allahabad HC Clears Sapna Choudhary's Way For Renewal Of Passport, Sets Aside Magistrate Court's Order Refusing NOC

Asserting that the right to travel abroad is a part of the personal liberty guaranteed under Articles 21 and 19 (1) (g) of the Constitution of India, a bench of Justice Shamim Ahmed set aside an Additional Chief Judicial Magistrate Court's order refusing 'no objection' certificate for issuance of Passport.

Essentially, Actress Choudhary moved the High Court, challenging the ACJM court's order, which rejected her application for permission to renew her passport on the ground that the Court has no jurisdiction to grant permission to renew a passport.

The applicant had moved to the ACJM Court as she is currently facing a case under Sections 406 and 420 IPC, though in that case, she is already on bail.

It was her counsel's contention before the HC that if she is acquitted in the future, then the loss, which she may suffer by not going abroad for her professional work, can not be compensated in any manner.

It was also argued that such refusal infringes the applicant's constitutional rights under Articles 19 and 21 of the Constitution of India.

After considering the arguments advanced by counsel for the parties and perusing the record, the Court noted that citizens are entitled to a passport under Article 19(1)(d) and Article 21 of the Constitution of India.

Further, referring to the provisions of the Passport Act and the Notification dated 25.08.1993 (notification of Ministry of External Affairs) along with the Office Memorandum dated 10.10.2019 (issued by the Ministry of External Affairs), the Court observed that passport or travel document of a person, who is facing trial could be refused by the authority concerned during the pendency of his criminal case, however, there is no statutory bar for giving no objection by the court concerned.

The court found that the ACJM Court ignored the Notification and the Office Memorandum Ministry of External Affairs and set the order aside.

Consequently, Choudhary was directed to move a fresh application along with a certified copy of the HC's order for renewal/re-issue of her passport before the concerned Regional Passport Officer within 20 days from the date of this order.

In turn, the concerned Regional Passport Officer/authority was directed to decide on the application and pass an order for renewal/re-issue of the applicant's passport within 1 month after completing the due formalities per the law.

The Court has also directed Choudhary to inform and get permission from the trial court concerned before going abroad and to appear before the trial Court on the date fixed as directed by the trial Court.

Case title – Sapna @ Sapna Choudhary vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 244

Case Citation: 2024 LiveLaw (AB) 244

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