SRINAGAR: An Additional Sessions Court in Srinagar on Thursday issued a No Objection Certificate (NOC) for the renewal of National Conference president and former Jammu and Kashmir chief minister Dr Farooq Abdullah’s passport for one year, while making it clear that he cannot travel outside the Union Territory or abroad without obtaining prior permission from the trial court.
Additional Sessions Judge Farooq Ahmad Bhat passed the order while disposing of Abdullah’s petition seeking permission for the issuance/renewal of his passport despite the pendency of criminal proceedings in the alleged Jammu and Kashmir Cricket Association (JKCA) funds misappropriation case.
The court directed the Regional Passport Officer, Srinagar, to consider the issuance or renewal of Abdullah’s passport for a period of one year, subject to the condition that he is not involved in any other criminal case and that no other FIR debarring passport issuance has been registered against him anywhere in the country.
The court further ruled that if Abdullah intends to travel outside the territorial limits of Jammu and Kashmir or abroad, he must first obtain permission from the court of the Chief Judicial Magistrate (CJM), Srinagar. It also said the NOC would automatically stand revoked if any proceedings pending before the CJM or the Sessions Court are modified against his interest.
Abdullah had approached the court after the Regional Passport Office sought either an acquittal order or a No Objection Certificate from the competent court following an adverse police verification report linked to FIR No. 27/2012 registered at Ram Munshi Bagh police station. He argued that the charges framed against him had been kept in abeyance by the Sessions Court in April this year and that he had regularly appeared before the court without ever absconding or violating judicial directions.
The Central Bureau of Investigation (CBI) opposed the plea, contending that Abdullah is facing prosecution in a serious corruption case relating to the alleged misappropriation of JKCA funds. It argued that while the order framing charges had been stayed, neither the charges nor the criminal proceedings had been quashed. The agency also expressed apprehension that issuance of a passport could enable the accused to leave the country and evade trial.
The court, however, observed that the Passports Act and the Central Government notifications issued under it do not impose an absolute bar on the issuance of passports to persons facing criminal proceedings. Referring to the Supreme Court’s 2025 judgment in Mahesh Kumar Agarwal v. Union of India, the court said the right to travel abroad forms part of Article 21 of the Constitution and that the mere pendency of a criminal case cannot automatically prevent issuance or renewal of a passport.
The court clarified that possessing a passport and obtaining permission to travel abroad are two distinct legal issues. It said the NOC merely enables the Passport Office to process Abdullah’s application and does not dilute the authority of the trial court or exempt him from securing prior judicial approval before leaving India. Existing bail conditions, the court noted, continue to remain in force.
The case stems from a CBI investigation into the alleged misappropriation of funds of the Jammu and Kashmir Cricket Association. The agency filed a chargesheet in 2018 against several accused, including Abdullah, under various provisions relating to criminal conspiracy and criminal breach of trust. Charges were framed against him earlier this year, but their operation was subsequently stayed by the Sessions Court in a pending criminal revision petition.
