The Srinagar Court, after considering the application filed by Dr Farooq Abdullah, has allowed the concerned authorities to issue a No Objection Certificate (NOC) that will facilitate the renewal of his passport. The order was passed in the context of the ongoing proceedings before the court relating to the alleged misappropriation of funds in the Jammu & Kashmir Cricket Association (JKCA), a case that is being investigated by the Central Bureau of Investigation (CBI). The court’s decision was communicated through a detailed order that addressed the interplay between passport renewal and the restrictions that may be imposed on an individual accused of a criminal offence.
Court’s Reasoning: Passport Renewal Does Not Equate to Travel Permission
In its order, the court expressly held that the issuance or renewal of a passport, by itself, does not confer any automatic right upon the holder to travel abroad. The bench emphasized that a passport is merely a travel document issued under the Passports Act, 1967, and that the right to leave the country is subject to separate statutory and judicial permissions. The court noted that, while the executive authority may renew a passport, any restriction on international travel must be expressly imposed by a competent court or authority under the relevant provisions of law, such as the Foreigners Act, 1946, or specific orders passed in criminal proceedings.
The bench further explained that the purpose of granting an NOC for passport renewal is limited to enabling the administrative process of document renewal. It does not, by implication, lift any existing travel ban or create a presumption of unfettered movement. The court therefore directed that the NOC be issued solely for the purpose of renewal, and that any request for permission to travel abroad would have to be made separately and would be subject to the court’s scrutiny of the prevailing circumstances, including the stage of the trial and the necessity of the accused’s presence.
Background of the JKCA Case and Travel Restrictions
Dr Farooq Abdullah is presently an accused in the JKCA funds misappropriation case, wherein the CBI has alleged irregularities in the financial dealings of the association. The case has seen multiple hearings concerning the imposition of travel restrictions on the accused, with the prosecution often seeking to ensure that the individual remains available for trial. In earlier orders, the court had considered whether the passport should be impounded or whether the accused should be barred from leaving the country pending trial. The present order clarifies that, while the passport may be renewed for administrative convenience, the question of travel abroad remains open to judicial determination.