Passport authorities can’t decide right to travel abroad, only trial courts can, rules Gujarat High Court

The Gujarat High Court has observed that passport authorities have no jurisdiction to determine an individual’s right to foreign travel and clarified that permission to actually travel abroad must come only from the trial court.

Justice Aniruddha P Mayee was hearing a plea of one Dhaval Sureshbhai Makwana seeking a direction to the authorities to issue him a fresh passport against whom a criminal proceedings are pending and directed the authorities to issue a passport valid for 10 years.

“This Court is also of the considered opinion that the passport authorities do not have any authority to decide whether the accused has a right to travel abroad and such authority is only vested in the Trial Court which can impose conditions if an application is made seeking permission to travel abroad,” the January 5 order said.

Vineet Upadhyay is an Assistant Editor with The Indian Express Read More