Delhi HC Reaffirms Right of Every Citizen to Hold a Passport

The Delhi High Court has recently emphasized that every citizen possesses a legal right to hold a passport, and authorities cannot deny its renewal based merely on an apprehension of past misuse.

Dealing with a petition from an Indian citizen seeking a correction in the date of birth mentioned in his passport, the court asserted that refusal to renew a passport seriously hampers a citizen’s rights, and such refusal can only be justified on grounds prescribed by law.

In this particular case, the authorities had declined to renew the petitioner’s passport with the updated date of birth, citing doubts about the genuineness of the correction claim. The counsel for the passport authority argued that since approximately 14 years had passed since the issuance of the first passport to the petitioner, there was a concern that he might misuse the renewed travel document.

However, the court rejected this objection, highlighting that the authorities failed to provide a valid basis for rejecting the petitioner’s renewal application, which was supported by duly issued government documents.

The single bench stated in a recent order that a citizen’s right to hold a passport can only be taken away in accordance with the law, and the authorities must adhere to the prescribed legal procedure while refusing to renew or cancel a passport.

The court deemed the reason provided by the respondent as inadequate, as it was based on the mere possibility of past passports being misused, which cannot be considered a valid ground for denial. The court further clarified that while passport authorities possess the power to verify document veracity, they cannot question the issuing authority’s competence when all relevant documents supporting the correct date of birth were provided.

Additionally, the court emphasized that any mistake made by the petitioner’s parents in providing the wrong date of birth should not be held against the petitioner.

Consequently, the bench set aside the order denying the passport’s renewal and directed a fresh passport with the changed date of birth be issued to the petitioner in accordance with the government documents produced by him.