SRIDHAR KULKARNI A. Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is an Indian citizen, who happens to be an accused in Crime No.144 of 2022 lodged by his spouse. He is seeking a writ to the respondents for issuance of renewal of passport.

(2.) Learned counsel appearing for the petitioner argues that right to travel being recognised as part of Article 21 of the Constitution of India in the light of the Apex Court decision in MANEKA GANDHI v. UNION OF INDIA, AIR 1978 SC 597, there is a duty cast on the Regional Passport Officer to issue a fresh passport, where one is lost. He also notified to the Court the order dtd. 14/6/2023 made by the learned Magistrate in Criminal Case No.30282 of 2022 permitting him to travel abroad.

(3.) Learned counsel appearing for the respondents opposes the petition contending that though right to travel abroad is recognized as fundamental right, it is regulated by the provisions of the Passports Act, 1967. It is not that the passport was not given to the petitioner; he has lost the one granted and now seeking for a renewed passport; Sec. 17 of the Act says passport is the property of Central Government. He points out to the Court that Annexure-F to the Passports Rules, 1980 prescribes F.I.R. as one of the preconditions for consideration of the request of the kind. So contending, he seeks dismissal of the writ petition.