Srinagar court permits renewal of Farooq Abdullah’s passport but says prior permission needed for foreign travel

A Jammu and Kashmir court on July 16 directed the passport officer at Srinagar to consider the issuance or renewal of passport of National Conference President and former Jammu & Kashmir Chief Minister Farooq Abdullah for a period of one year.

The order was passed by Additional Sessions Judge Farooq Ahmad Bhat on a petition filed by Dr. Abdullah who sought permission for renewal of his passport despite the pendency of criminal proceedings against him in connection with the Jammu and Kashmir Cricket Association (JKCA) funds misappropriation case.

The CBI opposed the petition, contending that Dr. Abdullah is facing prosecution in a serious corruption case. The agency expressed apprehension that issuance of a passport could facilitate his escape from India. 

The Court noted that although a charge-sheet has been filed and charges were framed against Dr. Abdullah by the Chief Judicial Magistrate at Srinagar, the operation of the order framing charges and the consequential proceedings against him have been kept in abeyance by a revisional court through an interim order dated April 25.

The Court observed that Section 6(2)(f) of the Passports Act, 1967, which permits refusal of a passport due to pending criminal proceedings, is subject to the exemption provided under notification GSR 298(E) of 1976, as amended by notification GSR 570(E) of 1993, enabling courts to permit issuance of passports subject to appropriate safeguards.

The Court also relied on the Supreme Court’s decision in Mahesh Kumar Agarwal v. Union of India which laid down that the right to travel abroad is a facet of Article 21 of the Constitution and the pendency of a criminal case is not an absolute bar to the issuance or renewal of a passport.

It observed that holding a passport and obtaining permission to travel abroad are distinct legal issues, and that existing bail conditions and judicial supervision adequately safeguard the administration of criminal justice.

Hence, the Court directed the passport officer to consider issuing or renewing Dr. Abdullah’s passport for one year, provided he is not involved in any criminal case other than the pending FIR and that no other FIR has been registered against him anywhere in India which would legally bar the issuance of passport.

The Court also made it clear that issuance of a passport does not automatically entitle Dr. Abdullah to travel outside Jammu & Kashmir or abroad. It directed that if he intends to travel outside the territorial limits of the Union Territory of Jammu & Kashmir or leave the country, he must obtain prior permission from the Chief Judicial Magistrate at Srinagar.

The Court further ruled that if any proceedings pending before the Chief Judicial Magistrate or the revisional court are varied or modified against Dr. Abdullah’s interest, the present order passed in favour of him shall stand revoked.

Advocate Ishtiyak Ahmed Khan appeared for Dr. Abdullah.

Special Public Prosecutor Ravi Kimar Singh appeared for the respondents.

[Read Order]