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Tag: Maneka Gandhi Vs Union Of India

Narendra K. Ambwani Vs Union of India on 13 Mar 2014

Posted on September 16, 2020 by ShadesOfKnife

Division Bench of Bombay High Court has passed the following directions to Passport Authorities, regarding renewal of passport, wherein Magistrate has given permission to do so.

6. This court held that the Rules have been framed under the Passport Act and under Rule 12, a passport other than for a child aged more than 15 years, shall be in force for a period of 10 years or 20 years as the case may be from the date of its issue.

 

10. In the circumstances, we propose to issue guidelines to be followed by the Respondents on receipt of the applications for renewal of the passports, in all cases, where the Magistrate’s court has directed that the passports may be renewed as per the “Rules”.

Here are the directions…

11. Accordingly, we issue the following directions :-
(a) In all cases where the Magistrate’s court directs renewal of the passports under the Rules, the Passport Rules, 1980 shall apply and passports other
than for a child aged more than 15 years shall be renewed for a period of ten years or twenty years as the case may be from the date of its issue. All
qualifying applicants are entitled to have passport renewed for atleast ten years. The Regional Passport Office shall renew the passports of such qualifying applicants atleast for ten years.
(b) In case where the passports are valid and the applicants hold valid visas on existing passport, the Regional Passport Officer shall issue the
additional booklet to the same passport provided the applicant had obtained permission to travel abroad.
(c) If the learned Magistrate passes an order making the reference to the said Notification No. G.S.R. 570(E) dated 26th August, 1993, the passport
shall be renewed only for such period that the Magistrate may specify in the order or as otherwise specified in the said Notification where the passport
of the applicant is valid for less than one year, the additional booklet may be issued subject to the orders to be obtained in this behalf only of the Magistrate concerned.

Narendra K. Ambwani Vs Union of India on 13 Mar 2014
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Maneka Gandhi Vs Union Of India Narendra K. Ambwani Vs Union of India Passport Renewal for 10 Years | Leave a comment

Ashok Roopchand Jain Vs State of Maharashtra and Ors on 04 Mar 2020

Posted on September 16, 2020 by ShadesOfKnife

Another good judgment based on landmark rulings from DB of Bombay High Court as well as Apex Court, on renewal of a Passport for full term of 10 years.

6. In view of the directions given by this Court in the said judgment, therefore, the Respondents were duty bound to follow the said directions and ought to have renewed thepassport for a period of ten years. It has to be borne in mind that whenever a criminal complaint is pending against an applicant, who wishes to travel abroad, the Magistrate alone has a jurisdiction to impose conditions regarding his right to travel abroad. If the Magistrate is satisfied that the Applicant should not be permitted to travel abroad, he can reject his application. However, when an application is made forrenewal of passport, the Passport Authorities have to adhere to the provisions of the Act and the Rules framed thereunder. It appears that the Central Government has issued a Notification by exercising a power vested in them under section 6(2)(f) of the Passports Act, 1967 and in the said Notification, it has been mentioned that the passport can be renewed for a period of one year. There being an ambiguity under the provisions of the Act and the Rules and the Notification issued by the Passport Authorities, this Court was pleased to clarify the said ambiguity in the case of Narendra Ambwani (supra). The Passport Authorities do not have the right to decide whether the accused has a right to travel abroad or not and that right is vested in the Magistrate, who can impose condition if an application is made, seeking permission to travel abroad. The Apex Court in the case of Maneka Gandhi v. Union of India [(1978) 1 SCC 248 : 1978 SCR (2) 621)] has held that the right to travel for the purpose of business and service is a part of a fundamental right, subject to reasonable restrictions, which are imposed by the Act and by the Court. In the present case, the Applicant on account of his service as a Flight Person has to travel abroad continuously and there is no possibility of absconding since he has to return back along with the fight. Taking into consideration the aforesaid facts, we direct the Passport Authorities to renew the passport for a period of 10 years. It is clarified that, however, the Applicant will have to apply to the Magistrate seeking permission to travel abroad. If such an application is made, the Magistrate may impose such conditions as deem ft and proper.”

Ashok Roopchand Jain Vs State of Maharashtra and Ors on 04 Mar 2020
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ashok Roopchand Jain Vs State of Maharashtra and Ors Maneka Gandhi Vs Union Of India Passport Renewal for 10 Years | Leave a comment

Neera Chandra Vs Union of India and Ors on 26 August, 2019

Posted on September 3, 2019 by ShadesOfKnife
The Allahabad High Court has held that mere pendency of a criminal case is not a valid reason for impounding a person’s passport. Reliance was made on Menaka Gandhi v. Union of India, 1978(1) SCC 248 here.
Neera Chandra Vs Union of India and Ors on 26 August, 2019

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Maneka Gandhi Vs Union Of India Neera Chandra Vs Union of India and Ors Passports Act - Sec 10(3)(e)

Maneka Gandhi Vs Union of India on 25 January 1978

Posted on June 12, 2018 by ShadesOfKnife

The landmark judgment from Apex Court which held that any law that deprives the life and liberty must be just and fair.

The composition of the Bench is

BENCH:
BEG, M. HAMEEDULLAH (CJ)
CHANDRACHUD, Y.V.
BHAGWATI, P.N.
KRISHNAIYER, V.R.
UNTWALIA, N.L.
FAZALALI, SYED MURTAZA
KAILASAM, P.S.

 

Maneka Gandhi Vs Union Of India on 25 January, 1978

Citation: [1978 AIR 597], [1978 SCR (2) 621], [1978 SCC (1) 248]

Indiankanoon link: https://indiankanoon.org/doc/1766147/


List of other case laws around Article 21 are here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 21 - Protection of life and personal liberty Landmark Case Maneka Gandhi Vs Union Of India Only Passport Authority Can Impound Passport Right to Travel | Leave a comment

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