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Delhi HC Upholds Passport as Fundamental Liberty

Why in the News ?

The Delhi High Court ruled that the right to hold a passport and travel abroad is an essential part of Article 21 (Right to Personal Liberty), setting aside the Centre’s order impounding businessman Yogesh Raheja’s passport for alleged non-disclosure of an FIR.

Court’s Ruling on Personal Liberty:

  • A Bench led by Justice Purushaindra Kumar Kaurav held that the right to possess a passport is integral to personal liberty under Article 21 and forms part of fundamental rights guaranteed by the Constitution.

  • Any State action restricting this right must pass the test of reasonableness and follow principles of natural justice, ensuring non-discrimination and fair treatment.

  • The Court emphasised that executive decisions cannot arbitrarily curtail a citizen’s freedom to travel abroad.

  • It ruled that impounding a passport must strictly comply with procedural safeguards and fairness standards.

  • The judgment reinforces that personal liberty includes not just physical freedom but also the right to mobility and global movement.

Case Background & Judicial Intervention

  • The Centre impounded the passport of Yogesh Raheja, former director of Raheja Developers, on January 17, 2025.

  • The action was based on alleged failure to disclose a pending FIR (2018) while applying for passport renewal.

  • Raheja’s appeal against the impounding order was rejected by the government on March 25, 2025.

  • The High Court set aside the Centre’s decision, observing that such actions must satisfy constitutional scrutiny.

  • The ruling reiterates that administrative authorities must provide a fair hearing and adhere to due process of law.

About Article 21 & Passport Law:

●  Article 21 guarantees the Right to Life and Personal Liberty, interpreted expansively by the Supreme Court as encompassing various fundamental rights.

●  In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to travel abroad forms part of Article 21.

●  The Passports Act, 1967 empowers the government to impound passports under specified conditions.

●  However, such action must meet the standards of procedure established by law, fairness, and non-arbitrariness under Articles 14 and 21, ensuring constitutional guarantees are upheld.

●  The judgment strengthens constitutional protections against arbitrary executive action affecting civil liberties.