Rajasthan High Court Allows Passport Re-issuance Despite Pending Criminal Case for Travel to Haj and Umra

The Rajasthan High Court set aside the Regional Passport Office’s refusal to re-issue Mohammad Muslim Khan’s passport, holding that a pending criminal case under Section 498-A and 406 IPC cannot bar travel abroad for religious purposes like Haj and Umra Jiyarat. 

Justice Anoop Kumar Dhand held that such denial violates the petitioner’s Fundamental Right to personal liberty under Article 21, referencing the Supreme Court’s decision in Maneka Gandhi. 

The Court allowed him to travel for two months, subject to conditions, stressing that criminal prosecution must be balanced with constitutional rights.