Unnecessary bureaucratic impediments must not be created to frustrate person's right to travel: HC

Mumbai, Oct 16 (PTI) The Bombay High Court has emphasized that the right to travel is a fundamental right enshrined to every person under the Constitution of India and asserted unnecessary bureaucratic impediments must not be created to frustrate this right.

A bench of Justices M S Sonak and Advait Sethna came to the rescue of 76-year-old Sharad Khatu, whose application for renewal/re-issuance of passport was rejected by the passport authorities based on an incorrect entry made by the police on its portal as per which there was a criminal case pending against him.

When police informed HC that in fact there was no case pending against Khatu, the bench, in its order passed on October 14, directed him to submit a fresh application seeking renewal/re-issuance of his passport.

The HC directed passport authorities to decide and process the application within two weeks as Khatu wants to travel to Dubai to meet his son and grandchildren.

The bench, referring to a Supreme Court order, said the right to travel abroad is a fundamental right under Article 21 of the Constitution.

"Unnecessary bureaucratic impediments must not be created to frustrate this precious right," HC said.

In the present case, Khatu was forced to lose precious time because the police online portal incorrectly indicated that a case was pending against him, the HC noted.

The police have now confirmed no such case is pending, it said.

"Hence, we direct the police authorities take immediate steps to ensure the incorrect entry is deleted and the petitioner is not forced to face any further problems," the court said.

As per Khatu's plea, his passport expired in October 2022, following which he submitted an application for renewal/reissuance. However, passport authorities informed him that it could not be issued as online records showed a pending criminal case of 1990.

When Khatu made enquiries with the police station and the concerned local court, he was informed that there was no such case pending.

Khatu informed the passport authorities that there was no criminal case pending against him.

Despite this, his application was closed by the passport authority pursuant to which he moved HC, his plea stated. PTI SP BNM