Apni Law Staff asked 2 years ago
As an Indian living in Australia, I’ve been facing a tough situation for several years. My passport was revoked due to a criminal case filed by my wife under Section 498A, even though the case is pending in the High Court and we’ve reached a settlement agreement. The High Commission, aware of the situation from the start, refused to renew my expired passport, leaving me stranded. I’m not a criminal and believe everyone has the right to a passport. Since the case might take longer to conclude, can I approach the Supreme Court or High Court to get an order for my passport renewal?
Best Answer
Apni Law Staff answered 2 years ago
Yes, you can approach the Supreme Court or High Court under Article 226 of the Constitution seeking a writ of mandamus to compel the Indian High Commission in Australia to renew your passport. The courts have consistently ruled that the right to travel is a fundamental right and the government cannot arbitrarily deny it. However, the court may consider the pendency of the criminal case and your settlement agreement before issuing an order.
Please login or Register to submit your answer
