India, Aug. 1 -- Mere pendency of a criminal case cannot override the fundamental right to personal liberty under the Constitution's Article 21, the Rajasthan high court has said, overruling the regional passport office (RPO)'s refusal to re-issue a Kota man's passport to perform the Hajj.

"Pendency of criminal case under Sections 498-A [cruelty against a woman by her husband or his relatives] and 406 [criminal breach of trust] IPC [Indian Penal Code] cannot be a ground to deny permission to the petitioner to travel abroad for the religious purpose...," said Justice Anoop Kumar Dhand.

Kota resident Mohammad Muslim Khan, 61, moved the court for re-issuance of his passport to travel to Mecca and Medina. A local court earlier granted him l...