Right To Travel Abroad: Rajasthan High Court Quashes Trial Court Order Impounding Accused's Passport For Breach Of Bail Condition
The Rajasthan High Court granted relief to an accused whose passport was directed to be impounded for violating his bail conditions by travelling abroad without court's permission, opining that continued impounding of passport would violate his fundamental right to life and liberty under Article 21 of the Constitution.The bench of Justice Anoop Kumar Dhand highlighted that even though the...
The Rajasthan High Court granted relief to an accused whose passport was directed to be impounded for violating his bail conditions by travelling abroad without court's permission, opining that continued impounding of passport would violate his fundamental right to life and liberty under Article 21 of the Constitution.
The bench of Justice Anoop Kumar Dhand highlighted that even though the Court was taking a lenient view, the act of the petitioner was totally unwarranted and amounted to disobedience of the court's order. “Disobedience of the orders passed by the Court attacks the very foundation of the rule of law, on which the entire democracy is based.”
The petitioner had challenged an order of the Magistrate court which directed the Chief Passport Officer, Ministry of External Affairs, New Delhi and Regional Passport Officer, Jaipur to impound his passport.
The petitioner was facing trial under Section 420, IPC in which he was granted anticipatory bail with a condition to not leave the country without seeking prior permission of the Court.
It was the case of the petitioner that some dispute arose between his two sons living in the United States, and to resolve the same, he travelled to the US. Behind his back, the Trial Court passed the order directing the Chief Passport Officer to impound the passport of the petitioner.
After his return, he surrendered owing to the forfeiture of his bail bonds and arrest warrants against him, that led to his arrest. After this, he was again released on bail with the same condition of not leaving the country without prior permission of the Court.
After hearing the contentions, the Court opined that under these circumstances, there was no option available to the trial court but to forfeit his bail bonds and summon him through arrest warrants. It was held,
“This Court does not appreciate the aforesaid act of the petitioner as the same tantamounts to disobedience of the orders passed by this Court, but looking to the overall facts and circumstances of the case that the petitioner has remained in jail and his family members are residing abroad, therefore, he required passport to travel abroad. Right to travel abroad has been recognised as fundamental right contained under Article 21 of the Constitution of India. Under these circumstances, impounding of the passport of the petitioner would amount to violation of his right to life and personal liberty…”
In this background, the Passport Authority was directed to release the passport of the petitioner, and the petitioner was directed to submit an undertaking that after renewal of his passport, the same would be deposited before the Trial Court and he would not travel abroad without court's permission.
Accordingly, the petition was disposed of.
Title: Charan Singh Singaria v State of Rajasthan
Citation: 2025 LiveLaw (Raj) 426