Kanoon Ki Dastak
The High Court of Jammu & Kashmir and Ladakh has pulled up authorities for unjustified delay in processing the passport release of retired IAS officer Sajad Ahmad Khan.
The Court held that the continued withholding of his passport despite no formal charges against him was “devoid of any justification.”
Khan, represented by Advocate Areeb Javed Kawoosa, had approached the Court challenging an earlier order of the Special Judge, Anti-Corruption (CBI Cases), Jammu dated 11.09.2021, which had rejected his plea for release of his passport.
“The mere registration of an FIR or pendency of investigation does not entitle the authorities to indefinitely curtail a citizen’s fundamental right to travel under Article 21,” Justice Sindhu Sharma observed.
The respondents, including the Union of India, were represented by Vishal Sharma, DSGI, Ms. Mrinal, and Mrs. Monika Kohli, Sr. AAG.
The Court further held that there was no material presented to support the claim that the petitioner posed a threat to national security under Section 10(3)(c) of the Passports Act, and that the procedure of natural justice had not been followed before impounding the passport.
Accordingly, the impugned order was set aside, and the Regional Passport Officer was directed to release the passport or issue a fresh one to the petitioner after completing formalities.