Delhi High Court: Passport, Foreign Travel Part of Article 21; Sets Aside Impounding Order

The Delhi High Court has held that the right to hold a passport and travel abroad is an integral facet of personal liberty under Article 21 of the Constitution.

Justice Purushaindra Kumar Kaurav set aside the Centre’s decision to impound the passport of Yogesh Raheja, former Director of Raheja Developers, for allegedly not disclosing an FIR at the time of renewal.

The Court observed that mere registration of an FIR does not amount to pendency of criminal proceedings unless a competent court has taken cognisance.

Since cognisance was taken after the impounding order, the action failed the test of reasonableness and natural justice. The impounding and appellate orders were accordingly quashed.