Excelsior Correspondent
Srinagar, Nov 28: The High Court has today said that a passport is a constitutional right but a citizen is not required to demonstrate any “pressing need” to travel abroad in order to obtain a No Objection Certificate.
Justice Sanjay Dhar allowed the plea of one Zahoor Ahmad Pahalwan challenging the order of trial court rejecting to issue NOC for renewal of passport in his favour on the ground of pendency of criminal case against him.
“…every citizen has a legal right to hold a passport and that said right can be taken away only in accordance with law. Personal liberty includes the right to travel abroad and that no citizen can be deprived of this right unless authorised by law,” Justice Dhar said.
The court made it clear that “for obtaining a passport or NOC, it is not necessary for a citizen to demonstrate before the court or the passport authority that he has some pressing need for travelling abroad.”
The court further recorded that the reasoning adopted by the trial court in insisting on documentary proof of necessity for foreign travel was contrary to established law.
Petitioner-Pahalwan, is facing trial in a corruption related case involving offences under Sections 409, 418, 465, 467, 468, 471 and 120 B of the IPC and Sections 7A, 8, 12 and 13(1) of the Prevention of Corruption Act.
He had earlier obtained a one year passport after the trial court granted him NOC for undertaking Hajj pilgrimage.
He again approached the trial court seeking NOC for renewal of the passport for five years, the application was dismissed mainly on two grounds that the earlier NOC was still valid till February 2026 and that he had not produced documents showing the necessity of travel in connection with business.
“…an accused has a right to apply for renewal ahead of expiry and also does not have to justify travel with business proof. The proper legal test for a criminal court is limited to one concern whether the accused would remain available for trial if allowed to travel abroad”, the court said
“No other factor should influence the decision of the criminal court while considering an application for grant of NOC,” the court ruled and allowed the petition.
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