Allahabad High Court Quashes Order Rejecting BBC Journalist’s Application For Grant Of NOC For Passport Renewal

The application before the High Court was filed under Section 482 CrPC praying for quashing of the order passed by the Additional Chief Judicial Magistrate, and the impugned order passed by the trial court, whereby the application of the applicant for a No Objection Certificate (NOC) for issuance/renewal of a passport had been rejected.

The Single Bench of Justice Abdul Moin said, “When the facts of the instant case are seen in the context of the law laid down by this Court in the case of Mohammad Ayaz (supra), it emerges that this Court in the case of Mohammad Ayaz (supra) was of the view that as the learned trial court had rejected the application for grant of an NOC which had been applied for by an applicant seeking issuance of a passport without even referring to the Office Memorandums dated 10.10.2019 & 25.08.1993, consequently, the Court had held that there was patent non application of mind on the part of the learned trial court.”

“The applicant shall move a fresh application along with certified copy of this order for renewal/re-issue of her passport before the concerned Regional Passport Officer within 20 days from the date of this order”, it held.

Advocate Areeb Uddin Ahmed represented the Petitioner while Government Advocate represented the Opposite Party.

Arguments

It was the case of the applicant that where criminal cases are pending against the persons, the NOC which is required for issuance of a passport is to be issued in a certain manner containing certain conditions for which Union of India has issued an Office Memorandum dated October 10, 2019, as well as the Office Memorandum dated August 25, 1993. The applicant contended that having applied for the NOC for issuance/renewal of his passport, the same had been summarily rejected by the trial court vide the orders impugned without even referring to the aforesaid office memoranda governing the issuance of an NOC.

Reasoning

The Bench referred to the judgment in Mohammad Ayaz Alias Anas vs. State of U.P. and 2 Others (2025) wherein the impugned order rejecting the application for renewal/re-issue of the passport of the applicant was set aside and reversed. In this matter, reference was made to the 1993 Notification which exempted the citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of Section 6(2) of the Passports Act, 1967 subject to certain conditions.

The Bench took note of the fact that in Mohammad Ayaz (supra), the Court had held that there was patent non-application of mind on the part of the trial court as it had rejected the application for grant of an NOC without even referring to the 2019 & 1993 Office Memoranda.

Quashing the impugned order and allowing the application, the Bench ordered, “In case such application is moved by the applicant, within the time stipulated by this Court, the concerned Regional Passport Officer/authority shall decide the application and pass an order for renewal/re-issue of the passport of the applicant within 01 month from the date of production of certified copy of this order, after completing the due formalities in accordance with law.”

Cause Title: Syed Mohammad Seraj Ali v. State Of U.P. Thru. Addl. Chief Secy. (Home) Deptt. Home (Neutral Citation: 2025:AHC-LKO:34732)

Appearance

Petitioner: Advocates Areeb Uddin Ahmed, Arpit Verma, Waseeq Uddin Ahmed

Opposite Party: G.A., A.S.G.I

Click here to read/download Order