Allahabad High Court Provides Relief to Sapna Choudhary in Passport Renewal Dispute
The Lucknow bench of the Allahabad High Court has granted significant relief to popular Haryanvi performer Sapna Choudhary. The court set aside a trial court order that had been preventing the renewal of her passport. This decision comes after a prolonged legal battle where Choudhary faced obstacles in obtaining travel documents.
Court Directs Passport Authority to Process Renewal
Justice Pankaj Bhatia, presiding over the case, issued clear directions to the Passport Authority. The court emphasized that the authority cannot refuse passport renewal simply because a criminal appeal is pending. The bench specifically ordered the Passport Authority to renew Choudhary's passport without raising objections related to the ongoing criminal appeal.
The court further directed the trial court to issue a No Objection Certificate for the passport renewal. This renewal should be processed for the standard ten-year period according to normal procedures.
Legal Basis for the Decision
In its detailed order, the High Court clarified several important legal points regarding passport issuance and renewal:
- Passport refusal is only permissible when an applicant has been convicted within five years preceding the application for an offense involving moral turpitude with a sentence of at least two years imprisonment
- Issuance of a passport and conditions restricting foreign travel without court permission are two distinct matters under the law
- No travel restrictions were imposed in Choudhary's bail order, meaning there were no legal barriers to her traveling abroad
Background of the Case
Sapna Choudhary has been facing charges of criminal breach of trust and cheating since 2018. The case originated from a cancelled performance at a show in Lucknow. Police at Ashiana police station registered the case, naming Choudhary as a co-accident along with the event organizers. The trial has been pending in a Lucknow court since that time.
Choudhary's legal team presented several arguments before the High Court. They emphasized that she receives numerous performance offers from outside India, most of which require a valid passport. Her counsel also argued that the case against her doesn't directly implicate her since she was merely a stage performer and the cancellation was beyond her control.
Court's Observations on Rights and Practical Considerations
The High Court made several important observations during its ruling:
- The case has been pending since 2018, and denying passport renewal infringes upon Choudhary's rights
- No evidence suggests Choudhary would be a flight risk, especially considering she has two children and substantial property in India
- Denying passport renewal violates her constitutional right to earn a livelihood under Article 21 of the Constitution
- The court noted the practical need for Choudhary to travel abroad for professional performances
The court specifically addressed arguments from the Union of India's counsel, who claimed there was no independent right to passport renewal under the Passport Act. After examining relevant office memorandums and legal provisions, the High Court found these arguments insufficient to justify denying Choudhary's passport renewal application.
This ruling establishes important precedents regarding passport renewal procedures for individuals with pending criminal cases. It clarifies that mere pendency of an appeal cannot automatically justify passport denial unless specific legal conditions are met. The decision also reinforces the principle that professional requirements and livelihood considerations must be balanced against legal restrictions in such matters.
