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The right to own a passport and travel abroad is an integral part of personal liberty under Article 21 of the Indian Constitution, the Delhi High Court has said.
If any action by the authorities interferes with such a right, it must be reasonable and in accordance with the principles of natural justice, according to the court.
Justice Purushaindra Kumar Kaurav passed the order while quashing the Centre’s decision to impound the passport of Yogesh Raheja, erstwhile director of Raheja Developers, for not disclosing that there was an FIR against him at the time of filing the extension application.
The order to confiscate the petitioner’s passport was accepted by the authorities on 17 January 2025 and his appeal against the decision was rejected by the appeal body on 25 March 2025.
Counsel for the petitioner said that according to a 2019 office memorandum of the Ministry of External Affairs, the mere registration of an FIR does not constitute pending criminal proceedings for the issuance of a passport unless the competent court has taken cognizance of the offence.
The court stated that the reasons given by the authorities for confiscating the petitioner’s passport did not stand up to the scrutiny of the law, as he applied for the renewal of his passport in October 2024 and the assessment did not take place until February 2025, a month after the seizure order was issued.
“The right to own a passport and to travel abroad is an integral part of the right to personal liberty guaranteed under Article 21 of the Constitution of India. It follows that any action by the State interfering with the right to own a passport must satisfy the test of reasonableness and must be in accordance with the principles of natural justice,” the court said.
“It is evident that the decision taken by the respondents will not stand. Consequently, the orders dated 17.01.2025 and 25.03.2025 remain quashed,” the court concluded. The petitioner was represented by Sandeep Kapur, Senior Partner of Karanjawala & Co. Law Firm.
Published – 27 Feb 2026 14:51 IST
