Restriction on issue of passport should be reasonable
A right of freedom of movement is a constitutional guarantee and it could be fettered only by the law which imposes reasonable restrictions. The reasonableness of the restriction will be tested on what the law itself contains. In this case, the Passport Act makes provisions for persons, who are convicted of offences involving moral turpitude if the conviction falls within a period of 5 years prior to the date of his application and sentenced to an imprisonment of not less than 2 years. Admittedly, there is no case pending now. None of the grounds which are mentioned under Section 10(2)(a) to (i) are attracted. The petitioner shall, therefore, Civil Writ Petition No.2392 of 2004 (O&M) -3- be favourably considered and the competent authority amongst respondents is directed to issue a passport in accordance with law.
Punjab-Haryana High Court
Davinder Singh, Aged 38 Years, Son ... vs Union Of India, Through Secretary ... on 19 October, 2011
