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

A bench of Justice Sanjay Dhar observed 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.

The petitioner, Z A Pahalwan–facing trial in a case (FIR No.05/2022) for offences under Section 409, 418, 465, 467, 468, 471, 120-B IPC, 7A, 8, 12 and 13(1) of Prevention of Corruption Act– had applied for grant of NOC before the trial court for obtaining passport for the purpose of undertaking Hajj Pilgrimage. The application was considered by the trial court on February 24 this year and the NOC was issued. Subsequently, Pahalwan was granted passport for a limited period of one year only.

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 by the trial court, 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.

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