Curb or caution?

The Passports Act, 1967 allows authorities to revoke passports for reasons including wrongful possession, national security, pending criminal proceedings, or if issued under false information

- RAAVI BIRBAL

The right to travel abroad is an issue that impacts many. A passport is a basic document, and the Passports Act, 1967, governs the issuance of passports and travel documents to regulate the departure of Indian citizens and other persons from India, as well as matters incidental or ancillary thereto.

The impounding of passports has been reviewed by courts time and again. Courts have clarified that principles of natural justice must be followed before impounding a passport. In Suresh Nanda vs CBI, 2008, the Supreme Court held that neither did the passport authority issue an order to impound the passport, nor was the appellant given an opportunity to be heard by the passport authority before impounding the document. Instead, the CBI had retained possession of the passport (which, in effect, amounted to impounding it) since October 2006. The Court considered this to be clearly illegal.