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Time of India
01-08-2025
- Time of India
HC makes way for accused to leave for Haj pilgrimage
Jaipur: The Rajasthan High Court has allowed a 61-year-old man from Kota, who is facing a criminal trial, to travel abroad for Haj and Umra Jiyarat. The court stated that merely being an accused in a case cannot be grounds to deny his constitutional right to personal liberty. Mohammad Muslim Khan of Kota filed a writ petition challenging the regional passport office's decision on May 7 which denied him a passport for the purpose of undertaking a pilgrimage to Mecca and Medina. Khan is facing trial in a case registered under IPC Sections 498-A and 406. Despite securing a court order on April 16 permitting him to approach the passport office, his request was declined. This prompted another application before the trial court which was also rejected on May 15 on technical grounds. Justice Anoop Kumar Dhand, while hearing the petition on July 30, held that the rejection amounted to a violation of the petitioner's fundamental rights. The court emphasised that the pendency of a criminal case does not automatically justify restricting a citizen's right to travel, especially for religious purposes. Counsel for the petitioner, Ajit Kaswa, said that the court quashed the impugned letter from the passport office and allowed Khan to travel abroad for two months, subject to certain conditions. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 15 Most Beautiful Female Athletes in the World Click Here Undo These include his return by Sept 30, appearance before the trial court upon return, travel restricted only to Mecca and Medina, and surrender of his passport upon his return. The court also issued a directive to all subordinate courts to issue clear and specific orders in cases where accused persons seek permission to travel abroad. Justice Dhand noted that confusion created by vague or technically flawed orders often hinders the passport office from making decisions in such cases. The Registrar General has been instructed to circulate the court's direction among all judicial officers.
Hindustan Times
01-08-2025
- Politics
- Hindustan Times
Mere pendency of criminal case can't override personal liberty: Rajasthan HC
Mere pendency of a criminal case cannot override the fundamental right to personal liberty under the Constitution's Article 21, the Rajasthan high court has said, overruling the regional passport office (RPO)'s refusal to re-issue a Kota man's passport to perform the Hajj. The high court expressed disapproval of the casual disposal of applications related to international travel. (Getty Images/iStockphoto) 'Pendency of criminal case under Sections 498-A [cruelty against a woman by her husband or his relatives] and 406 [criminal breach of trust] IPC [Indian Penal Code] cannot be a ground to deny permission to the petitioner to travel abroad for the religious purpose...,' said Justice Anoop Kumar Dhand. Kota resident Mohammad Muslim Khan, 61, moved the court for re-issuance of his passport to travel to Mecca and Medina. A local court earlier granted him liberty to approach the passport authority. But the Kota RPO rejected Khan's passport reissue application in May. The high court expressed disapproval of the casual disposal of applications related to international travel for religious purposes. It referred to the Supreme Court's decision in the Maneka Gandhi versus Union of India case (1978), which expanded the scope of natural justice. The Supreme Court ruled that any action violating fairness, reasonableness, and due process would be arbitrary and unconstitutional. It said that natural justice is 'not a creation of the Constitution but inherent in human values.' The high court emphasised that each citizen has a right to go abroad,' and arbitrary restrictions would violate constitutional protections. It said that the passport authority is not in a position to take appropriate decisions due to a lack of clear and specific orders. The court asked all subordinate courts to pass clear and specific orders in such matters. It directed the circulation of the court's instructions to all judicial officers for compliance in similar matters involving travel during the pendency of criminal cases.
