Srinagar, Jul 16: A Srinagar court has permitted the renewal of National Conference president and former Jammu and Kashmir Chief Minister Dr. Farooq Abdullah’s passport, while making it clear that any travel outside India will require prior permission from the competent court.
The order was passed by Additional Sessions Judge Farooq Ahmad Bhat, who directed the issuance of a No Objection Certificate (NOC) for passport renewal in connection with the pending Jammu and Kashmir Cricket Association (JKCA) funds misappropriation case being investigated by the Central Bureau of Investigation (CBI).
Dr. Abdullah had approached the court after the Regional Passport Office, Srinagar, kept his passport renewal application pending following an adverse police verification report linked to the criminal case. He argued that proceedings against him had already been stayed in a revision petition and that renewal of his passport would not affect the ongoing legal process.
The CBI opposed the plea, contending that serious criminal charges remain pending in the alleged JKCA funds embezzlement case and that renewing the passport could enable him to leave the country, potentially impacting the investigation and judicial proceedings.
After hearing both sides, the court observed that the Passports Act and relevant Central Government notifications do not impose an absolute prohibition on issuing or renewing passports merely because criminal proceedings are pending.
Relying on a recent Supreme Court judgment, the court noted that the right to hold a passport forms part of the constitutional guarantee under Article 21, and is distinct from the right to travel abroad.
The court clarified that renewal of a passport only allows a citizen to possess a valid travel document and does not automatically permit foreign travel. It added that all existing bail conditions and judicial safeguards remain in force, and Dr. Abdullah must obtain prior permission from the competent court before travelling outside Jammu and Kashmir or abroad.
Accordingly, the court directed the Regional Passport Officer, Srinagar, to consider renewing Dr. Abdullah’s passport for one year, subject to the condition that he is not involved in any other criminal case that legally bars the issuance of a passport.
The order also states that the NOC will automatically stand revoked if any subsequent judicial proceedings adversely affect the petitioner. A copy of the order has been forwarded to the Regional Passport Office for necessary action.
