AIR 1967 SUPREME COURT 1836 ::1968 MadLJ(Cri) 30 ::1967 3 SCR 525 ::1968 (1) SCJ 178 ::1970 Bom LR 1

Supreme Court Of India

Hon'ble Judge(s): K. Subba Rao, M. Hidayatullah, R. S. Bachawat, J. M. Shelat, C. A. Vaidialingam , JJJ

(A) Constitution of India , Art.21, Art.14, Art.19, Art.226— Right to travel abroad is fundamental right - Absence of law regulating such right - Refusal of passport or withdrawal of one given violate Arts. 21 and 14 - Expression "personal liberty" in Article 21 includes right to travel abroad. AIR 1967 Delhi 1 (FB), Overruled. Per Majority (Hidayatullah, J. and Bachawat, J. (contra): Right to travel abroad is fundamental right. Since there is no law regulating or depriving person of such a right, refusal to give passport or withdrawal of one given violates Arts. 21 and 14. The reasons are : (1) Theoretical possibility of exit from India for foreign travel is expressly restricted by executive instructions to shipping and air-lines companies and by refusal of foreign exchange. An Indian passport is factually a necessary condition for travel abroad and without it no person residing in India can travel outside India. The Indian Government, by refusing a passport to a person residing in India, completely prevents him from travelling abroad.(Para 7 13) (2) The expression "personal liberty" in Art. 21 takes in the right of locomotion and to travel abroad, but the right to move throughout the territories of India is not covered by it inasmuch as it is specially provided in Art. 19. Un....