‘Having a passport is a part of personal freedom’, Delhi High Court overturned the Centre’s decision citing Article 21
Delhi High Court, hearing a case, has said that the right to hold a passport and travel abroad is an integral part of personal liberty under Article 21 of the Constitution of India. Justice Purushendra Kumar Kaurav, while giving this order, set aside the decision of the Central Government, in which the passport of Yogesh Reheja, former director of Reheja Developers, was confiscated. This seizure was done because he did not give information about the FIR registered against him at the time of passport renewal.
Order to confiscate passport cancelled.
The court set aside the Centre’s January 17, 2025 order impounding passports and the March 25, 2025 appellate order dismissing the appeal. The court said, ‘The right to hold a passport and to travel abroad is an integral part of personal liberty. Any such State action must be reasonable and in accordance with the principles of natural justice.’
Background of the case
Yogesh Reheja had applied for passport renewal in October 2024. Officials claimed that information about an FIR registered in 2018 was hidden. The passport was confiscated on 17 January 2025 and the appeal was rejected on 25 March 2025. The petitioner’s counsel cited a 2019 Ministry of External Affairs office memorandum, which states that mere filing of an FIR does not amount to pending criminal proceedings unless cognizance of the offense is taken by a competent court.
Important comments of the court
The court observed that Reheja had applied for renewal in October 2024, but cognizance of the seizure order was taken in February 2025, a month later. Therefore, no criminal proceedings were pending at the time of seizure. The court said that the reasons given by the officials do not stand the test of law. The Court said that any action of the State which impacts the right to hold a passport must be subject to the test of reasonableness and in compliance with the principles of natural justice.
Conclusion and relief
The Court made it clear that the impugned orders are not legally sustainable. Therefore, the orders dated 17 January 2025 and 25 March 2025 are cancelled. Senior advocate Sandeep Kapoor (senior partner of Karanjawala & Company) appeared on behalf of petitioner Yogesh Reheja. This decision strengthens the balance between passport law and individual freedom.
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