Court Overturns Trial Court's Order Denying Passport Return and Travel Permission for Social Visit
The Andhra Pradesh High Court delivered a landmark judgment on July 2, 2026, upholding the right to travel abroad as a fundamental human right, thereby setting aside a lower court's decision that had denied a petitioner, Devineni Avinash, permission to travel to the USA for a social event.
In a significant ruling, Justice Y. Lakshmana Rao emphasized that the right to travel abroad is intrinsic to personal liberty under Article 21 of the Indian Constitution. The petitioner, facing charges in Crime No.650 of 2021, had his passport seized and was denied travel permission by the Trial Court, which deemed his visit to the USA as merely social and celebratory.
The High Court's decision underscores the importance of personal liberty, as previously affirmed by the Supreme Court in cases like Maneka Gandhi v. Union of India. The Court noted that such rights extend to private life, marriage, family, and friendships, which can be unjustly constrained by denying travel.
Justice Rao directed the return of Avinash's passport and permitted his travel from July 3 to July 12, 2026, for a family event. The Court imposed conditions to ensure his return by July 13, 2026, underscoring compliance with legal proceedings.
The judgment reaffirms the judiciary's role in safeguarding constitutional rights, balancing state interests with individual freedoms. Legal experts view this as a precedent for future cases where personal liberty is at stake.
Bottom line:-
Right to travel abroad is a basic human right of a citizen of India and cannot be denied by the Trial Court or Investigating Officer merely because the purpose of travel is social or celebratory in nature.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 438, 442; Passports Act, 1967 Section 6(2)(f); Article 21 of the Constitution of India.
Devineni Avinash v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2935749
