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Delhi HC Probed an Investigation on Denial of Passport by Failing at Verification

Since it's a violation of fundamental rights to deny passport, so Delhi High Court immediately looked into the matter and asked the authorities to identify the failure in the process while passport verification; after an Indian citizen faced the denial of a passport on renewal at the Indian Consulate in Vancouver, Canada.
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By the order passed in the present matter, the people could still have faith in the Indian Judiciary. 

The Delhi High Court in the present matter has held that, if there is a denial of renewal of passport, such an act also leads to the infringement or violation of fundamental rights of an individual.

The present matter is all about a man who on a legal work permit, works as a Truck driver in Canada. He applied for renewal of his passport at the Indian Consulate at Vancouver for the status of permanent resident of Canada, but even after two years of the process, the passport was not renewed. During the verification process, it was found that the authorities were manipulated by the relative of the petitioner and he dishonestly obtained the passport pretending himself to be the petitioner. 

The court raised the question, whether the denial of passport facilities was in the interest of public policy? 

Further, it was directed by the court to immediately renew the passport as “ non-renewal has seriously curtailed the Petitioner’s ability to carry on with his employment in Canada”. 

In our legal opinion, Passport is a kind of personal property owned by an individual that is granted to him by the Central Government to travel to any other country for the purpose of trade, education and work. It is also used as the identity proof of an individual. 

Grounds for the denial of renewal and issuance of a Passport are accordingly provided under the Passports Act, 1967.

It is a legal right of an individual to obtain a passport if he fulfils all the conditions required for the issuance of a passport.
In the matter of Maneka Gandhi vs. Union of India, the relevance of a passport was considered in the context of the right to personal liberty of a citizen.

Further, Article 19 of the Indian Constitution provides a citizen of India with 6 basic Fundamental Rights, which also includes freedom of speech and expression and freedom to practise any profession. 

Here, in the current situation, denying the petitioner for the renewal of his passport is affecting his profession, and clearly is a violation of his fundamental rights.

Even if there is any ground according to which the passport of an individual should not be issued or denied of renewal, proper justification is required.

Overall, the decision by the court in this matter is acceptable. 

This will surely help people who are unable to carry on with their work or who are denied renewal or issuance of passports without any valid ground. 

 

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Reviewed by:
Jyoti Yadav
Published on 15th Sep, 2018
976 views

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