Srinagar, July 16: In a significant order, the Court of the Additional Sessions Judge, Srinagar, has permitted the issuance of a No Objection Certificate (NOC) for the renewal of National Conference president and former Jammu and Kashmir Chief Minister Dr. Farooq Abdullah’s passport, while making it clear that any foreign travel will require prior permission from the competent court. Dr. Farooq Abdullah Vs CBI Passport Permission.
The order was passed by Additional Sessions Judge Farooq Ahmad Bhat while disposing of a petition filed by Dr. Abdullah seeking permission for the renewal of his passport in connection with the pending Jammu and Kashmir Cricket Association (JKCA) funds misappropriation case being investigated by the Central Bureau of Investigation (CBI). Dr. Farooq Abdullah Vs CBI Passport Permission.
Dr. Abdullah had informed the court that his passport application had been kept pending by the Regional Passport Office, Srinagar, following an adverse police verification report linked to the criminal case. He sought the court’s permission, stating that the proceedings against him were already under stay in a revision petition and that passport renewal would not prejudice the pending case. Dr. Farooq Abdullah Vs CBI Passport Permission.
The CBI opposed the plea, arguing that serious criminal charges remain pending against Dr. Abdullah in the alleged JKCA funds embezzlement case. It contended that renewal of the passport could enable him to leave the country, thereby affecting the course of justice. Dr. Farooq Abdullah Vs CBI Passport Permission.
After hearing both sides, the court observed that the Passports Act and the relevant Central Government notifications do not impose an absolute prohibition on issuing or renewing passports merely because criminal proceedings are pending. The court also relied upon a recent Supreme Court judgment holding that the right to hold a passport is part of the constitutional guarantee under Article 21 and is distinct from the right to travel abroad. Dr. Farooq Abdullah Vs CBI Passport Permission.
The court clarified that issuance or renewal of a passport only enables a citizen to possess a travel document and does not automatically authorize foreign travel. It held that existing bail conditions and judicial safeguards remain fully applicable, and any departure from the Union Territory of Jammu and Kashmir or outside India would require prior permission from the competent court. Dr. Farooq Abdullah Vs CBI Passport Permission.
Accordingly, the court directed the Regional Passport Officer, Srinagar, to consider the issuance or renewal of Dr. Farooq Abdullah’s passport for a period of one year, subject to the condition that he is not involved in any other criminal case that would legally bar the issuance of a passport. The order further provides that the NOC shall automatically stand revoked if any subsequent judicial proceedings adversely affect the petitioner. Dr. Farooq Abdullah Vs CBI Passport Permission.
The court also directed that a copy of the order be forwarded to the Passport Officer, Srinagar, for necessary compliance, and disposed of the petition accordingly. Dr. Farooq Abdullah Vs CBI Passport Permission.(KNC)
