Accused Not Required to Prove Purpose of Foreign Travel for Passport or NOC: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that an accused seeking a passport NOC is not required to prove any urgent need for foreign travel.

Justice Sanjay Dhar ruled that every citizen has a constitutional right to hold a passport, and this right cannot be curtailed except in accordance with law.

The Court said the trial court’s insistence on documentary proof of foreign travel necessity was legally unsustainable. It clarified that while deciding a passport-NOC request, the only consideration is whether the accused will remain available for trial, and no other factor should influence the decision.

Setting aside the trial court’s rejection, the matter was remanded for fresh consideration.

[Zahoor Ahmad Pahalwan v. Union Territory of J&K]