In a recent development, the Allahabad High Court has intervened in the case of actress Sapna Choudhary, directing passport authorities to swiftly decide on her application for passport renewal or re-issue. The court emphasized that the right to travel abroad is intrinsic to personal liberty as guaranteed under Articles 21 and 19(1)(g) of the Indian Constitution.
Background
Sapna Choudhary, facing charges under Sections 406 and 420 of the Indian Penal Code, sought permission to renew her passport. However, the Additional Chief Judicial Magistrate Court had rejected her application, citing lack of jurisdiction. Sapna Choudhary, through her legal representation, contested this decision in the High Court, arguing that her constitutional rights were being infringed.
High Court Ruling
After thorough deliberation, the High Court noted that citizens are entitled to passports under Articles 19(1)(d) and 21 of the Constitution. Additionally, it highlighted provisions within the Passport Act and relevant notifications that allow for the issuance of passports even during the pendency of a criminal case.
Court Decision
The Allahabad High Court overturned the ACJM Court’s decision, emphasizing that it had disregarded pertinent notifications and directives from the Ministry of External Affairs. Choudhary was instructed to submit a fresh application along with a certified copy of the High Court’s order to the Regional Passport Officer within 20 days.
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