NEW DELHI: Holding that the Constitution itself is put at risk if the balance between power of the State and dignity of the individual is disturbed, Supreme Court held that govt cannot deny renewal of passport to an accused or convict when the court concerned has given no-objection to get it renewed with a condition that prior permission would be needed to go abroad.A bench of Justices Vikram Nath and A G Masih said where criminal cases are pending then a "no objection certificate" or permission from criminal court may override an adverse police report for renewal of passport. The State may, where statute so provides, regulate or restrain that freedom in interests of justice, security or public order but such restraint must be narrowly confined to what is necessary, proportionate to the object sought to be achieved, and clearly anchored in law," it said.It said the law permits court to allow renewal of passport while retaining complete control over each instance of foreign travel by insisting on its prior approval as had been done in the present case. "In our view, once criminal courts, with full knowledge of the pending proceedings, consciously allowed renewal subject to the condition that the appellant shall not travel abroad without their permission and, in case of NIA court, required redeposit of renewed passport, underlying concern of Section 6(2)(f) stood adequately addressed under judicial supervision," it said.
Author: Amit Anand Choudhary
Published at: 2025-12-20 20:08:19
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