HARIDASAN MATHILAKATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The apex court as early as in the year 1978 declared that the right to travel abroad is a fundamental right coming within the purview of Art.21 of the Constitution. [Maneka Gandhi v. Union of India AIR 1978 SC 597 . Once it is recognised as a fundamental right, all the requirements prescribed for the preservation of that right shall be observed 'stricto sensu'. The procedure regulating the travel must be fair and reasonable. The passport is a document which regulates the right to travel abroad. At least one High Court in India has declared that the inordinate delay in issuing the passport tantamounts to refusal of passport. [Ikhlag Mohammed v. Union of India AIR 1983 H. P. 75. Of course, it depends on the facts and circumstances of each case. Ordinarily, if there is inordinate delay in issuing the passport this court will not approve it.

(2.) The petitioner' in this case is the adoptive father of a minor child called 'Sidharth Haridasan'. By Ext. P-1 order, the Bombay City Civil Court allowed the adoption of the child on 4th October 1993 under the provisions of Hindu Adoptions and Maintenance Act, 1956. Ext. P-2 is the copy of the deed of adoption. Later, the petitioner filed Ext. P-4 application for passport in favour of his adopted child before the 2nd respondent, the Regional Passport Officer, Cochin. Along with the said application the petitioner has submitted the order of the City Civil Court, Bombay and also the copy of the deed of adoption. Though the application was presented on 11th September 1995, timely action was not taken by the 2nd respondent. It was in that background the petitioner filed the present writ petition before this court on 27th November 1995 praying for a direction to the 2nd respondent to issue passport in favour of his adopted minor child 'Sidharth Haridasan'.

(3.) Heard the learned counsel appearing for the petitioner and the Central Government Standing Counsel for the respondents 1 and 2.