Jammu and Kashmir Court Ruling on Farooq Abdullah’s Passport Renewal
In a significant legal development, the Srinagar court has directed the passport officer to consider issuing or renewing the passport of Farooq Abdullah, the National Conference President and former Chief Minister of Jammu and Kashmir, for one year. This order was rendered on July 16 by Additional Sessions Judge Farooq Ahmad Bhat, following a petition by Dr. Abdullah amidst ongoing criminal proceedings related to the Jammu and Kashmir Cricket Association (JKCA) funds misappropriation case.
The Central Bureau of Investigation (CBI) opposed the petition, arguing that Dr. Abdullah faces serious corruption charges and expressing concerns that a renewed passport could facilitate his escape from the country. Despite the charges filed against him by the Chief Judicial Magistrate at Srinagar, the court has put a hold on these proceedings through an interim order dated April 25, allowing for the consideration of the passport renewal.
Legal Framework and Supreme Court Precedents
The court examined Section 6(2)(f) of the Passports Act, 1967, which allows for passport refusal in cases of pending criminal charges. However, it also took into account the exemptions under notification GSR 298(E) of 1976, amended by notification GSR 570(E) of 1993, empowering courts to authorize passport issuance with appropriate conditions.
Furthermore, the court referenced the Supreme Court’s ruling in Mahesh Kumar Agarwal v. Union of India, which established that the right to travel abroad is an integral aspect of Article 21 of the Constitution. It emphasized that ongoing criminal cases are not an absolute barrier to passport issuance or renewal.
Decision and Conditions
The court underscored that possessing a passport and obtaining permission for international travel are separate legal matters. It held that existing bail conditions and judicial oversight are sufficient to protect the integrity of criminal justice proceedings. Consequently, the court instructed the passport officer to evaluate Dr. Abdullah’s passport renewal for a one-year period, ensuring no other criminal cases are pending against him that could legally obstruct passport issuance.
More Read
However, the court stipulated that having a passport does not automatically grant Dr. Abdullah the right to travel beyond Jammu and Kashmir or internationally. Should he wish to travel outside the Union Territory or abroad, he is required to secure prior approval from the Chief Judicial Magistrate at Srinagar.
The court further declared that if any future rulings from the Chief Judicial Magistrate or the revisional court alter the current proceedings unfavorably for Dr. Abdullah, the court’s order will be nullified.
Representing Dr. Abdullah, Advocate Ishtiyak Ahmed Khan argued the case, while Special Public Prosecutor Ravi Kimar Singh appeared for the respondents.
