Recently, Andhra Pradesh High Court held that persons cannot be deprived of their Right to Travel on the premise that Criminal proceedings are pending against them.

The bench headed by Justice Ninala Jayasurya was dealing with the application seeking permission for petitioners 2 & 3 to travel to the United States of America to meet their children.

In the said matter, 2 petitioners are Senior Citizens and as their Passports were due to expire, they sought renewal of the same, but the Regional Passport Officer, Vijayawada had not processed the Renewal Application and informed them that specific orders have to be obtained from the Court to renew the same.

The Couple approaches the Court and filed a petition, seeking a direction to the Passport authorities to renew the Passports, but the same was withdrawn since the appropriate remedy lies before the Court dealing with the main Criminal Petition, which has the discretion to grant permission to the concerned parties to go to abroad or NOC to leave the Country for a prescribed period.

After considering all the facts, the bench took reference from  Ganni Bhaskara Rao v. The Union of India and another, and held that, “if a person convicted of a crime is entitled to seek a renewal as held by the Hon’ble Supreme Court of India, this Court does not find any reason to hold that the petitioner who is only an accused cannot hold a passport”.