Supreme Court Affirms Freedom as a Fundamental Duty of the State

Supreme Court's Stance on Freedom and Passport Renewal

The Supreme Court stated on Friday that freedom within the nation's constitutional framework is not merely a gift from the state but rather its primary obligation. The court emphasized that the passport authority is not required to inquire about future travel plans or visa schedules during the renewal process.

A bench comprising Justices Vikram Nath and A.G. Masih noted that the role of the passport authority is limited to ensuring that, despite ongoing proceedings, criminal courts have opted to keep the possibility of travel open.

It remarked, 'In our constitutional framework, freedom is not a gift from the state but its foremost duty. Under the law, the freedom of a citizen to move, travel, earn a livelihood, and access opportunities is an essential part of the guarantee provided under Article 21 of the Indian Constitution.'

This ruling came in response to a petition filed by Mahesh Kumar Agarwal, who is facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a coal block allocation scam at the NIA court in Ranchi, Jharkhand.

Agarwal had requested the renewal of his passport, which was submitted to the court as a condition of his bail, but it had expired in 2023.

The Supreme Court clarified that the passport authority does not need to seek information about future travel or visa schedules during the renewal phase, especially if such plans may not even exist. Its responsibility is to ensure that criminal courts have chosen to keep the option of travel open despite pending proceedings.

Agarwal challenged the Calcutta High Court's refusal to allow the renewal and sought directions from the Supreme Court for the regional passport office in Kolkata to renew his passport. The Supreme Court annulled the High Court's order and directed the passport authority to proceed with Agarwal's passport renewal.