Passport Authorities Cannot Decide if Accused Has Right to Travel Abroad, Power lies with Trial Court : HC

The Gujarat High Court ruled that passport authorities do not have any authority to decide if an accused has the right to travel abroad, stating such power lies solely with the Trial Court.

The Court directed the renewal of the petitioner’s passport for 10 years under the Passport Act, 1967, despite his pending trial under Sections 4 and 5 of the Gambling Act.

The petitioner argued that limiting passport renewal to one year was arbitrary and violated his fundamental rights, and the Court held that the Bombay High Court’s 2014 guidelines in Narendra K. Ambwani vs Union of India & Ors. apply, mandating renewal as per the rules.