Congress leader Rahul Gandhi has received a partial victory in his plea for a No Objection Certificate (NOC) to obtain a fresh ordinary passport. The Rouse Avenue Court in Delhi granted him a NOC for three years. This decision follows the surrender of his diplomatic passport after being disqualified as a Member of Parliament. Gandhi had requested a NOC for ten years, but the court ruled in favor of three years.
Gandhi had applied about the National Herald case, which was initiated by Subramanian Swamy. In December 2015, bail was granted to both Gandhi and his mother Sonia Gandhi in the case. However, the court had not imposed any travel restrictions on Rahul Gandhi. Swamy opposed the application, arguing that there was no valid reason to issue a passport for ten years, and suggested that the NOC should be limited to one year, subject to annual review.
The court had requested Subramanian Swamy to submit his response by Friday. The Additional Chief Metropolitan Magistrate (ACMM) Vaibhav Mehta emphasized that the right to travel is a fundamental right and that no restrictions had been placed on Gandhi’s movement in previous instances. ACMM Mehta also noted that no travel restrictions were imposed when granting bail to Gandhi in December 2015, dismissing Swamy’s plea for restrictions.
Rahul Gandhi, who was disqualified as a Lok Sabha member following a defamation conviction, is an accused in the National Herald case, with Swamy as the complainant. Gandhi’s request for a No Objection Certificate was made to secure a fresh passport after surrendering his diplomatic passport.
Gandhi’s counsel, along with advocates Nikhil Bhalla and Sumit Kumar, sought the grant of a NOC to facilitate the issuance of a new passport. ACMM Mehta stated that Swamy had the right to file a reply, allowing him to do so by May 26. The magistrate also scheduled arguments on the matter for the same day.
In the application, Gandhi explained that as he ceased to be a Member of Parliament in March 2023 and surrendered his diplomatic passport, he now seeks permission and a NOC from the court for a fresh ordinary passport.
The National Herald case is based on a private criminal complaint filed by Swamy against Sonia Gandhi, Rahul Gandhi, and others, accusing them of cheating, conspiracy, and criminal breach of trust. The accused, being prominent individuals with strong political roots, have no reason to flee, as noted by a magisterial court while granting them bail on December 9, 2015. Swamy alleged that Sonia and Rahul Gandhi, among others, conspired to cheat and misappropriate funds by paying only Rs 50 lakh to acquire ownership of the now-defunct National Herald newspaper, which had a debt of Rs 90.25 crore owed to the Congress party.