Facts

• The petitioner was issued a passport under the Passport Act, 1967.
• By a letter dated 2.7.1977 she was asked to surrender her passport
by the Regional Passport Officer under section 10(3) (c) of the
Passport Act, 1967 in the public interest.
• After obtaining the letter, the petitioner wrote to Regional Passport
Officer inquiring the reason behind such an order.
• The Regional Passport Officer failed to provide any reason for the
surrender order.
• Therefore, the petitioner filed the writ petition under Article 32 of
the Constitution of India challenging the abovementioned order.
LEGAL ISSUES FRAMED:
• Whether the right to travel abroad is within the ambit of “personal
liberty” asserted in Article 21?
• Whether any “procedure prescribed by law” which strips personal
liberty under Article21 is arbitrary and against the principle of natural
justice or not?
• Whether Section 10(3) of the Passport Act, 1967 violates Article 14,
19, and 21?
• Whether the order passed by Regional Passport Officer contravenes
the principle of natural justice?
JUDGEMENT IN MANEKA GANDHI
CASE:
• BENCH:M.H Beg (CJ), P.N Bhagwati, Y.V Chandrachud, V.R Krishna Iyer,
N.L Untwalia, S. Murtaza Ali.
• The right to travel abroad is protected within Article 21 of the
Constitution of India.
• Section 10(3) of the Passport Act, 1967 does not violate fundamental
rights under the Constitution of India.
• The order passed by the Regional Passport Officer was quashed and
Passport Authority was directed to return the passport of the
petitioner.