BOMBAY HIGH COURT: FUNDAMENTAL RIGHT TO TRAVEL ABROAD, AUTHORITY CANNOT CITE ONGOING DISPUTE OVER APPLICANT'S ADDRESS TO DENY PASSPORT

The Bombay High Court in the case observed and has directed the Regional Passport Officer, Mumbai to renew the passports of a woman and her two sons, which were earlier rejected by the Passport Authority due to objections which is raised by the brother-in-law of woman's over the address being mentioned by them in their passport applications.

- 

The bench comprising of Justice AS Chandurkar and Justice Firdosh P. Pooniwalla in the case observed and has stated that the person cannot be delivered of his or her fundamental right to travel abroad on the ground that there is a dispute in respect of the property which is being mentioned in the address given by the applicant for the purposes of including it in the passport.

However, it has been clarified by the said court that the Petitioners' address in the passport would not by itself confer on them any right in respect of the said property so as to prejudice the brother-in-law in any way.

The court in the case observed that the right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution of India.

The court stated that no person can be deprived of this right except according to the procedure established by law as laid down in the Passports Act, 1967.