The Rajasthan High Court has observed that protection under Article 21 of the Indian Constitution extends not only to Indian citizens but also to foreign nationals, while directing the release of the passport of a Thai woman accused in a gold smuggling case.
The single-judge Bench of Justice Anoop Kumar Dhand held that continued withholding of the travel document would amount to infringement of the petitioner’s right to life and personal liberty, adding that the right to travel abroad and possess a valid passport formed an integral facet of Article 21 and could not be curtailed arbitrarily merely because criminal proceedings were pending.
The petitioner, a Thai national released on bail in proceedings initiated under the Customs Act, 1962, had approached the High Court after the trial court rejected her application under Section 451 of the Code of Criminal Procedure (CrPC) seeking release of her passport for renewal purposes. She argued that denial of the document effectively prevented her from exercising her right to travel and that her status as a foreign national could not by itself justify such restriction.
Opposing the plea, the prosecution alleged that the petitioner was involved in repeated acts of gold smuggling and had travelled to India multiple times for similar activities. It was further contended that she had earlier remained absent during court proceedings, giving rise to apprehensions that she might abscond if the passport was returned.
The High Court, however, rejected the objections raised by the prosecution and observed that criminal law mechanisms already exist to secure the presence of an accused during trial. Justice Dhand held that mere apprehension of absconding could not constitute sufficient grounds to deny the constitutional protection guaranteed under Article 21.
Emphasising the scope of personal liberty jurisprudence, the Court reiterated that Article 21 protected every person and, therefore, was equally applicable to foreign nationals facing prosecution in India. Accordingly, the Court directed the release of the petitioner’s passport for renewal, subject to conditions imposed by the trial court, including restrictions on travel outside the country without prior judicial permission.
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