The Delhi high court has noted that every citizen has the “fundamental right to travel abroad” and that nobody can be denied a passport for want of compulsory registration of an adoption deed.
While deciding a petition, Justice Manmohan held that to obtain a passport, the adoption of the applicant has to be legal and there is no compulsion that it must be registered.
The court directed the passport authority to decide petitioner’s request for passport in accordance with law within four weeks. “This court is of the view that every citizen of India has the fundamental right to travel abroad. Though the said right is subject to reasonable restrictions, yet this court is of the opinion that the restrictions have to be in accordance with law and the same cannot be unreasonable,” the bench said.
The court’s order came on a petition in which a passport-seeker had claimed that the passport office had refused to issue him a passport on the ground that his adoption deed dated September 20, 1989, had not been registered with the office of sub-registrar. The Centre, in turn, submitted that the petition is premature as no decision on petitioner’s application has been taken by the passport authority till date. The court noted: “Since Section 17 of the Registration Act, 1908 does not provide for compulsory registration of an adoption deed and a new adoption deed cannot now be registered in the present case as the age of the petitioner is above 15 years, this court is of the view that the petitioner cannot be directed to produce a registered adoption deed.”
Article referred: http://www.asianage.com/delhi/every-citizen-has-fundamental-right-go-abroad-111
While deciding a petition, Justice Manmohan held that to obtain a passport, the adoption of the applicant has to be legal and there is no compulsion that it must be registered.
The court directed the passport authority to decide petitioner’s request for passport in accordance with law within four weeks. “This court is of the view that every citizen of India has the fundamental right to travel abroad. Though the said right is subject to reasonable restrictions, yet this court is of the opinion that the restrictions have to be in accordance with law and the same cannot be unreasonable,” the bench said.
The court’s order came on a petition in which a passport-seeker had claimed that the passport office had refused to issue him a passport on the ground that his adoption deed dated September 20, 1989, had not been registered with the office of sub-registrar. The Centre, in turn, submitted that the petition is premature as no decision on petitioner’s application has been taken by the passport authority till date. The court noted: “Since Section 17 of the Registration Act, 1908 does not provide for compulsory registration of an adoption deed and a new adoption deed cannot now be registered in the present case as the age of the petitioner is above 15 years, this court is of the view that the petitioner cannot be directed to produce a registered adoption deed.”
Article referred: http://www.asianage.com/delhi/every-citizen-has-fundamental-right-go-abroad-111
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