Supreme Court: Passport Renewal Cannot Be Denied If Trial Court Permits
Court says right to travel abroad is part of personal liberty under Article 21
Pendency of criminal cases cannot impose indefinite restrictions on citizens
By Our Legal Reporter
New Delhi: December 21, 2025:
In a significant ruling, the Supreme Court of India has clarified that the pendency of criminal cases cannot be used as a reason to indefinitely deny passport renewal, especially when the trial court has already permitted such renewal. The judgment, delivered by a bench of Justice Vikram Nath and Justice Augustine George Masih, emphasizes that the right to travel abroad and hold a passport is a fundamental facet of personal liberty under Article 21 of the Constitution.
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This decision came in response to an appeal filed by businessman Mahesh Kumar Agarwal, whose passport renewal was denied despite having obtained permission from competent courts. The ruling is expected to have wide implications for thousands of citizens facing similar hurdles.
Background of the Case
- Mahesh Kumar Agarwal, a businessman, faced criminal proceedings in Delhi and Ranchi.
- He was convicted in one case and prosecuted in another related to coal mining.
- Despite being on bail and having obtained No Objection Certificates (NOCs) from both the Delhi High Court and the Ranchi trial court, his passport renewal application was rejected by the Regional Passport Office, Kolkata.
- The rejection was based on adverse police reports citing pending criminal cases.
The Supreme Court quashed this rejection, directing the Ministry of External Affairs and the Regional Passport Office to reissue his passport for the normal period of ten years.
Key Observations by the Supreme Court
- Right to Travel Abroad: The Court reiterated that the right to travel abroad is an essential part of personal liberty under Article 21.
- Fair Restrictions Only: Any restriction on this right must be fair, just, and reasonable, not arbitrary.
- Balance of Power: The Court warned that if procedural safeguards become rigid barriers, the balance between state power and individual dignity is disturbed.
- Court Permission Overrides Police Reports: Where criminal courts grant permission or NOCs, such judicial orders override adverse police reports.
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Constitutional Significance
The ruling strengthens the constitutional guarantee of personal liberty. Article 21 has been interpreted broadly to include the right to live with dignity, freedom of movement, and the right to travel abroad. By ensuring that pending trials do not automatically block passport renewal, the Court has reaffirmed that citizens cannot be subjected to indefinite restrictions without due process.
Implications of the Judgment
- For Citizens: Individuals facing criminal trials but granted bail and court permission can now renew passports without fear of arbitrary denial.
- For Passport Authorities: They must respect judicial orders and cannot rely solely on adverse police reports.
- For the Legal System: The judgment sets a precedent that balances state interests with individual freedoms.
Expert Reactions
Legal experts have welcomed the ruling, calling it a progressive step towards protecting civil liberties. Many argue that denying passports indefinitely amounts to punishing individuals before conviction. The judgment ensures that citizens retain their dignity and freedom while the courts retain control over foreign travel permissions.
Comparative Perspective
Globally, many democracies recognize the right to travel as a fundamental liberty. India’s Supreme Court has now aligned with this principle, ensuring that citizens are not unfairly penalized for pending trials.
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Conclusion
The Supreme Court’s ruling is a landmark in protecting citizens’ rights against arbitrary state action. By holding that passport renewal cannot be denied when trial courts permit it, the Court has reinforced the constitutional promise of liberty and dignity. This judgment will serve as a guiding precedent for future cases where personal freedoms clash with procedural safeguards.
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