Accused not required to present proof of travel to get Passport NOC: Jammu & Kashmir HC

Srinagar: The Jammu & Kashmir and Ladakh High Court has clarified that a person does not need to prove an urgent reason for travelling abroad in order to obtain a no-objection certificate (NOC) from a trial court for a passport. The observation came in the case Zahoor Ahmad Pahalwan v. UT of J&K, heard by Justice Sanjay Dhar. The ruling was delivered after a trial court declined an accused’s request for an NOC on the ground that he had not produced documents showing that foreign travel was essential for his business. The High Court disagreed with that approach, noting that every citizen has the right to possess a passport irrespective of whether they plan to travel outside the country. The judge termed the trial court’s reasoning flawed. According to the High Court, neither a court nor the Passport Authority can insist on proof of an urgent foreign trip for issuing a passport or NOC. Since holding a passport is a constitutional right, the judge said, the absence of travel plans cannot be a basis for denial. Therefore, the trial court’s insistence on documentary evidence of foreign travel needs was held to be inconsistent with the law.

The petitioner, Zahoor Ahmad Pahalwan—currently facing trial in a corruption case—had earlier been permitted by the trial court to obtain a short-validity passport to undertake the Haj pilgrimage. That NOC was issued on February 24 and allowed him a one-year passport. After returning from Haj, Pahalwan applied for a regular five-year passport, but the trial court turned down his application, calling it premature because the previous NOC remains valid until February 23, 2026, and because he had not proved any business-related travel requirements. The High Court, however, said that the only question a criminal court must consider while deciding an NOC plea is whether the accused will remain available for the trial if permitted to hold a passport or travel abroad. No additional factors should influence the decision. The Court also observed that although the existing NOC is valid until 2026, the petitioner is entitled to seek renewal as the validity of his current passport is nearing its expiry. In light of this, the High Court set aside the order of the trial court and directed it to reconsider the matter afresh. Advocate Saqib Shabir represented the petitioner, while Government Advocate Ilyas Laway appeared for the respondents.