Chinnaiya v. The Regional Passport Officer
Case brief
What is this about?
Passport renewal withheld/apprehended refusal due to pending criminal case against applicant; right to travel abroad held to be a fundamental right; Madras High Court (Madurai Bench) declines to direct issuance in writ jurisdiction and instead grants liberty to approach the trial Court (Judicial Magistrate, Karambakudi) with a three-week disposal timeline; trial court to restrict passport validity and may impose conditions; recourse noted to Section 228 BNSS, 2023 with special Vakalat; regional passport officer to act on trial court's order. Keywords: passport renewal, criminal case pending, accused, right to travel abroad, fundamental right, Article 226 mandamus, Sections 294(b)/324/506(ii)/379 IPC, Crime No.261 of 2022, C.C.No.92 of 2024, Karambakudi, Pudukkottai, Tiruchirappalli Regional Passport Office, Bharatiya Nagarik Suraksha Sanhita 2023 S.228.
What did the court decide?
Writ petition disposed of: petitioner given liberty to move the trial Court (Judicial Magistrate, Karambakudi) for the relief sought, with the petition to be numbered and disposed of within three weeks; trial Court directed not to deny relief absent extraordinary circumstances, with liberty to restrict passport validity and impose conditions (including, if necessary, an application under Section 228 BNSS, 2023 with special Vakalat); petitioner thereafter to approach the jurisdictional regional passport officer, who shall dispose of the renewal application in terms of the trial Court's order. No order as to costs.