Delhi HC Upholds Passport as Fundamental Liberty

Delhi HC Upholds Passport as Fundamental Liberty

Why in the News ?

The Delhi High Court ruled that the right to hold a passport and travel abroad is an essential part of Article 21 (Right to Personal Liberty), setting aside the Centre’s order impounding businessman Yogesh Raheja’s passport for alleged non-disclosure of an FIR.

Court’s Ruling on Personal Liberty:

• A Bench led by Justice Purushaindra Kumar Kaurav held that the right to possess a passport is integral to personal liberty under Article 21 and forms part of fundamental rights guaranteed by the Constitution.

• Any State action restricting this right must pass the test of reasonableness and follow principles of natural justice, ensuring non-discrimination and fair treatment.

• The Court emphasised that executive decisions cannot arbitrarily curtail a citizen’s freedom to travel abroad.

• It ruled that impounding a passport must strictly comply with procedural safeguards and fairness standards.

• The judgment reinforces that personal liberty includes not just physical freedom but also the right to mobility and global movement.

Case Background & Judicial Intervention

• The Centre impounded the passport of Yogesh Raheja, former director of Raheja Developers, on January 17, 2025.

• The action was based on alleged failure to disclose a pending FIR (2018) while applying for passport renewal.

• Raheja’s appeal against the impounding order was rejected by the government on March 25, 2025.

• The High Court set aside the Centre’s decision, observing that such actions must satisfy constitutional scrutiny.

• The ruling reiterates that administrative authorities must provide a fair hearing and adhere to due process of law.