Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
If the suppression of this information, in the opinion of
the respondents, is serious and merits action they should give
the petitioner a notice, as per the applicable law / regulations
etc., consider his explanation and then decide the further
course of action. For the present there shall be an order
directing the 2nd respondent to retain the passport mentioned
above to the petitioner. A reading of GSR 570(E), which is
relied upon by the respondents also makes it clear, even if
criminal cases are pending an accused can hold a passport and
travel abroad with the permission of the Court. Therefore, this
Court holds that the action of the respondents in seeking the
return of the passport on the ground of adverse police report is
not correct. Post the landmark decision in Maneka Gandhi v
Union of India and Another1 and later cases upto Satish
1
AIR 1978 SC 597
7
Chandra Verma v Union of India and Others2, the right to
travel abroad is a part of a personal liberty and the right to
possess a passport etc., can only be curtailed in accordance
with law only and not on the subjective satisfaction of anyone.
The procedure must also be just, fair and reasonable.