Esteemed Indian attorney Prashant Bhushan, who is renowned for taking on challenging cases, filed a petition with the Supreme Court after the Delhi High Court denied it. Bhushan specifically raised concerns about the Passport Law's potential effects on citizens' rights in his petition to the highest court, contesting the law's constitutionality. The Supreme Court has rescheduled the hearing for after the summer break, with a July 8 return date.
The case was postponed by the bench of Justices Abhay S. Oka and Ujjwal Bhyan because Jayant Bhushan, the petitioner's senior attorney, was not available. In response to Bhushan's petition, the Supreme Court had previously sent notices to the Central Government and the Ghaziabad Regional Passport Office.
Bhushan's challenge centers on the Passport Act's Section 6(2)(F), which was modified by a notification in 1993. According to this amendment, passports may only be granted to applicants who can provide a No Objection Certificate (NOC) from the appropriate court. Nevertheless, the passport is only valid for a year if the NOC is missing some information. In the Supreme Court, Bhushan's attorney contended that this clause violates the right to equality because it fails to make a sufficient distinction between crimes that are serious and those that are not, and because it places the same limitations on all new passport holders.
The case stems from an event in which Bhushan participated in a demonstration in Ghaziabad, which prompted legal action against him. After that, despite the fact that the charges against him were not serious, the Regional Passport Office treated him similarly and granted him a passport that was only good for a year. Bhushan was prompted by this to first challenge the ruling in the Delhi High Court.
Bhushan had filed a similar petition in 2016 challenging the constitutionality of Section 6(2)(F) of the Passport Act of 1967, but it was dismissed by the Delhi High Court. The Supreme Court's decision will be keenly watched as the case progresses because it could establish a major precedent for the rights of those who are accused of crimes and their freedom to travel abroad.
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