Introduction:

In a recent ruling, the Andhra Pradesh High Court directed law enforcement officials to return the passport of Yesasvi Boddulluri, a member of the Telugu Desaam Party (TDP). The court, presided by Justice B.S Bhanumathi, held that the seizure lacked proper authorization and failed to adhere to the mandated procedures under Sections 91 and 102 of the Criminal Procedure Code (Cr.P.C). Boddulluri, an NRI, had faced airport arrest upon returning to Hyderabad, with the police seizing his passport, sparking a legal battle.

Arguments of Both Sides:

Yesasvi Boddulluri, through his senior counsel Umesh Chandra P V G, contended that the police failed to follow the due process as outlined in Section 91 and Section 102 of the Cr.P.C. He emphasized the urgency of passport return, citing his NRI status and the impending visa stamping. The petitioner’s legal team strongly opposed allegations against Boddulluri, labeling the charges as frivolous and asserting that criticizing the government doesn’t warrant legal action under the mentioned sections. On the contrary, the prosecution argued that the petitioner was a repeat offender known for defaming the government on social media. They pointed to prior FIRs in 2022 under various sections, including the Information Technology Act.

Court’s Judgment:

Justice B.S Bhanumathi ruled in favor of Yesasvi Boddulluri, emphasizing that the police failed to adhere to the procedural requirements for document seizure. The court held that the petitioner’s fundamental right to hold a passport couldn’t be curtailed without due process. While the prosecution sought to impose conditions on the petitioner, the court sided with the senior counsel, stating that if any violations occur, the authorities have remedies under appropriate provisions of law. The immediate return of the passport was ordered, considering the urgency of the petitioner’s travel arrangements.