Right to hold a passport is important constitutional right : HC

Srinagar, Nov 28: The High Court of J&K and Ladakh has reaffirmed that the right to hold a passport is an important constitutional right, saying the "citizens are not required to demonstrate any pressing need for foreign travel to obtain a passport or a no-objection certificate (NOC)”.

Dealing with a related plea, a bench of Justice Sanjay Dhar held that the passport cannot be withheld merely because an applicant has not produced documents showing the necessity of travelling abroad.

“Since a citizen has a right to hold a passport, as such, even without his need for traveling abroad, he is entitled to hold a passport,” the court said.

One Z A Pahalwan, facing trial in a case (FIR No. 05/2022) for offences under the IPC and Section 13(1) of the Prevention of Corruption Act, had applied to the trial court for an NOC to obtain a passport for undertaking the Hajj Pilgrimage.

The application was considered by the trial court on February 24 this year, and the NOC was issued.

Pahalwan was granted a passport for a period of one year, subsequently.

After undertaking the Hajj pilgrimage, Pahalwan again approached the trial court for grant of NOC for obtaining a passport for five years. However, this application was dismissed primarily on the ground that the same was premature because the earlier NOC granted by the court was valid upto 23 February 2026.

Another ground on which the trial court had rejected Pahalwan's application was that he had not produced any documentary proof that would go on to show that he was required to travel abroad in connection with his business. Pahalwan had challenged the order before the High court.

The High Court noted that the reasoning adopted by the trial court that the petitioner failed to produce the documentary proof with regard to the necessity of his foreign travel is contrary to the legal position.

The court said that although the NOC issued in favour of Pahalwan is set to expire in February 2026, he nevertheless retains the fundamental right to hold a valid passport. Accordingly, it held that he is entitled to have his passport renewed, especially as its expiry date is nearing.

“Of course, the passport can be issued in favour of the petitioner only in accordance with the rules governing the field and it can even be refused to him, if necessary, NOC is not issued by the court before which he is facing trial in a criminal offence,” the court said.

“However, a criminal court, while considering an application for grant of NOC has only to advert itself to the question as to whether the accused, if allowed to travel abroad, would be available to face the trial.”

No other factor, the court said, should influence the decision of the criminal court while considering an application for grant of NOC in favour of an accused who intends to obtain a passport/travel document.