Rajat Kumar Bains v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision:-26.06.2026 RAJAT KUMAR BAINS ....Petitioner(s)

Versus

UNION OF INDIA AND OTHERS

...Respondent(s)

CORAM: HON'BLE MRS. JUSTICE RAMESH KUMARI Present:- Mr. Pardeep Kumar Kishanpuri, Advocate for the petitioner.

Ms. Bhawna Thakur, Panel Counsel-UOI for the respondents.

* * * * RAMESH KUMARI . J.

(Oral) 1.

The present petition has been filed under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to renew/re-issue the Indian Passport Indian Embassy/Consulate at Lisbon, Portugal, which is valid up to 29.06.2026, now applied on 31.01.2026 vide application No.26-2000128575 and File No. JA3060028084216.

2.

Despite the opportunity granted to respondent No. 1, no written reply has been filed.

3.

Learned counsel for respondent No. 1 submitted that the process

-2for renewal of the petitioner's passport was stopped due to an adverse Police Verification Report on account of the pendency of FIR No. 49 dated 18.07.2019, registered under Sections 302 and 34 of the IPC at Police Station City Balachaur, District SBS Nagar (Nawanshahr). 4.

Learned counsel for the petitioner submitted that the police had filed a cancellation report on two occasions-first on 23.12.2020, as reflected from the order of the same date passed by the learned Sub-Divisional Judicial Magistrate, Balachaur, and secondly on 21.08.2021. It is further submitted that at one point in time, a Police Clearance Certificate dated 26.11.2024 (Annexure P-3) was also issued in favour of the petitioner. 5.

Learned counsel for the petitioner has relied upon judgment dated 19.12.2025 passed by Hon'ble Apex Court in SLP (Civil) No.17769 of 2025 titled Mahesh Kumar Agarwal vs. Union of India and another. 6.

Learned counsel for respondent No.1 submitted that in case process for renewal of passport is again initiated and is completed without any objection, respondent No.1 has no objection regarding renewal of the petitioner's passport.

7.

Hon'ble Apex Court in Satwant Singh Sawhney Vs. D. Ramarathnam 1967 SCC SC 21 observed that the right to travel abroad and the right to hold passport are facets of the right to personal liberty under Article 21 of the Constitution of India.

8.

Petitioner is already holding a valid passport which is to expire on 29.06.2026.

9.

Therefore, the present petition is disposed of with a direction to respondent No.4 to renew passport of the petitioner as per law. However,

-3respondent No.4 shall be at liberty to revoke the passport if required, thereafter, in case there is any violation of any law, which requires revocation of passport.

(RAMESH KUMARI) JUDGE 26.06.2026 P.Bhatt i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No