Jammu and Kashmir High Court Upholds Fundamental Right to Passport Amidst Criminal Proceedings

Court Remands Case, Emphasizes Right to Travel Abroad as Integral to Personal Liberty

In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Sanjay Dhar, has reinforced the constitutional right of citizens to hold a passport, even amidst ongoing criminal proceedings. The judgment was delivered in the case of Zahoor Ahmad Pahalwan v. UT of J&K, where the petitioner challenged an earlier decision by the Special Judge, Anti-Corruption, Anantnag. The trial court had denied Pahalwan's application for a No Objection Certificate (NOC) required for renewing his passport.

The court's decision aligns with the precedent set by the Supreme Court in the landmark case of Maneka Gandhi v. Union of India, which recognized the right to travel abroad as a fundamental aspect of personal liberty under Article 21 of the Indian Constitution. Justice Dhar emphasized that the refusal of NOC based on the absence of documentary proof for the necessity of foreign travel contradicts settled legal principles. He underscored that the right to a passport is not contingent on demonstrating a pressing need to travel abroad.

The petitioner, facing trial under various sections of the Indian Penal Code and the Prevention of Corruption Act, had initially obtained a one-year passport for a Hajj pilgrimage following an NOC from the trial court. However, his subsequent application for a five-year NOC was dismissed on grounds that the existing NOC was still valid and due to a lack of proof for business-related travel.

Justice Dhar critiqued the trial court’s reasoning as specious and inconsistent with legal standards. The High Court clarified that the primary consideration for granting an NOC should be whether the accused would be available to face trial if allowed to travel, without being influenced by other factors.

Consequently, the High Court set aside the trial court's order and remanded the case, instructing it to reassess Pahalwan’s application in accordance with the observations made. This decision reinforces the notion that the ability to obtain and renew a passport is an intrinsic constitutional right, pivotal to a citizen's personal liberty and freedom to travel.

Bottom Line:

Right to hold a passport and travel abroad is a fundamental right under Article 21 of the Constitution. A criminal court, while considering an application for grant of No Objection Certificate (NOC) for obtaining a passport, must only consider whether the accused would be available to face trial, and no other factors should influence its decision.

Statutory provision(s): Article 21 of the Constitution of India, Sections 409, 418, 465, 467, 468, 471, 120-B IPC, Sections 7A, 8, 12, and 13(1) of the Prevention of Corruption Act.

Zahoor Ahmad Pahalwan v. UT OF J&K, (Jammu and Kashmir)(Srinagar) : Law Finder Doc Id # 2813588