I'm in USA and have a 498a case pending in Indian court.
I went to renew my passport in the Indian Embassy and they refused to renew the passport stating that a Criminal case is pending and until n unless case is disposed they can't renew passport.
Local Passport Issuing Authority has also confirmed in writing that passport renewal is not possible until n unless case is disposed.
I've cited them followings
"Section 7 of RTI ACT 2005) from the time of receipt of this request as this concerns my life and liberty as governed by Article 21 of the Constitution of India on Personal Liberty that states that “the meaning of the word life also includes the right to go abroad” which is also acknowledged by The Passports Act 1967, that states “the right to travel abroad is a part of person’s personal liberty”.
&
The meaning of the word life includes the right to live in fair and reasonable conditions, right to rehabilitation after release, right to live hood by legal means and decent environment. The expanded scope of Article 21 has been explained by the Apex Court in the case of Unni Krishnan v. State of A.P. and the Apex Court itself provided the list of some of the rights covered under Article 21 on the basis of earlier pronouncements and some of them are listed below:
(1) The right to go abroad.
A.k. bindal vs. Union of India (2003) 5 SCC 163
It was held that no person should be deprived of his life and personal liberty except according to the procedure established by law.
However Indian Embassy still refuse to renew passport.
My query is
1) Can embassy refuse the passport renewal and thus violate the Article 21 of the constitution?
I don't have any summon/warrant issued against me in the court and I'm on unconditional bail.
2) if embassy is in violation of article 21 or they shouldn't refuse passport renewal then where shall I approach to force them to renew it?
