Srinagar: The High Court of Jammu and Kashmir and Ladakh has ruled that authorities cannot seize a person’s passport solely because an investigation is underway.
This decision came while hearing a petition by retired IAS officer Sajad Ahmad Khan, who had challenged the Special Judge Anti-Corruption (CBI Cases) Jammu’s decision to deny the release of his passport on September 11, 2021.
Khan, through his lawyer Areeb Javeed Kawoosa, argued that the refusal was legally flawed and that he needed the passport to travel abroad for religious reasons.
The court observed that impounding a passport under Section 10 of the Passports Act imposes a serious restriction on a citizen’s fundamental rights, and such actions must be backed by valid reasons and follow due legal process.
The court noted that the decision to seize Khan’s passport was based merely on the registration of an FIR and an ongoing investigation—circumstances that do not justify impounding under Section 10(3)(e) of the Act. It added that a criminal case can be considered pending only after a charge sheet is filed and the court takes cognisance of it, not just because an FIR has been lodged.
The High Court set aside the earlier order and directed the Regional Passport Officer to either release Khan’s passport or issue him a fresh one once all necessary formalities are completed.
According to Khan’s plea, he retired from service on March 31, 2018, and his passport, two mobile phones, and other documents were seized by the CBI on October 12, 2021, in connection with a case related to the alleged irregular issuance of arms licences by Deputy Commissioners in JK.
