The MP High Court has ruled that the criminal history of family members should not be used to evaluate a person’s character when issuing a passport.
The Madhya Pradesh High Court has ruled that the criminal history of an applicant’s family members cannot be used to judge the applicant’s character or to deny a passport. The court reviewed petitions challenging passport rejections based on the criminal records of the applicants’ relatives. Justice Subodh Abhyankar stated that the decision to deny the passport was not valid, as the applicant has the same fundamental rights as any other citizen. The assessment should focus solely on her character, not on her husband or father-in-law’s criminal past.
The petitioners were represented by Advocate Mohd. Sohail Chhipa, while the respondent was represented by A.S.G. Himanshu Joshi. The petitioners argued that their passports were denied because of their father’s and grandfather’s criminal records. They claimed that despite being eligible for a passport to travel abroad, their applications were rejected for irrelevant reasons, even though the court had issued a specific order. The Additional Solicitor General argued that the applicant was denied a passport due to her husband and father-in-law’s involvement in drug-related cases, but it was acknowledged that there were no criminal charges against the applicant herself.
The Court noted at the beginning that the respondents were told not to look at the reasons for rejecting the petitioner’s previous application. The earlier application was turned down for the same reasons, and it seemed the respondents did not follow the court’s order properly, acting carelessly instead. The Court also stated that the criminal history of a family member should not be used to judge the applicant’s character for a passport. As a result, the Court ordered a new review of both applications from the petitioner, and the petition was granted.
Cause Title: Mohd. Wazib Chhipa vs. Union of India and Others
Appearance:
Petitioner: Advocate Mohd. Sohail Chhipa,
Respondent: A.S.G. Himanshu Joshi, G.A./ P.L. Mradula Sen
