Srinagar: The High Court of Jammu -Kashmir and Ladakh has said that only the pendency of the investigation will not give the power to the passport to implement the passport.
Under the chairmanship of Justice Sindhu Sharma, Justice Sindhu Sharma said that by allowing the petition of a former IAS officer, Sajad Ahmed Khan, in which he challenged the rejection of his application to issue his passport to issue his passport for CBI cases on September 11, 2021. The Jammu was unstable in the law and needed to set a separate set. Khan presented that he intends to travel abroad for religious pilgrimage.
The court said, “The power to implement the passport under Section 10 of the Passport Act is a serious restriction on citizen’s fundamental rights and is a separate restriction on the order to suspend/suspend the passport without passport without following the principles of natural justice,” the court said. Thus, the order to implement the passport of the petitioner under Section 10 (3) (C) has not been used legally by him, it has been added.
In addition, the court said that Khan’s passport was imposed on the recommendations of the officers on the registration land of the FIR and the investigation which comes under section 10 (3) (E) in it is the case in which a criminal case is pending. “It has been well decided that the probe will not give power to the only pendency officers to implement the passport under Section 10 (3) (E). Since there is no basis for issuing, renewing or renewing the passport by the investigating agency. There is no basis for the filing of a charged sheet and said that it is a crime.
While the court separated the order by the Special Judge Anti -Corruption (CBI case), it directed the Regional Passport Officer to pass a proper order either to release a new passport to leave the passport of the Khan or after completing all the formalities.
According to Khan’s petition, he is a senior citizen and an IAS officer who retired on 31 March 2018 and his passport was confiscated on October 12, 2021 and was informed that a case (FIR) was registered about issuing arms licenses by J&A sub -aasis. During the investigation, his passports, two mobile phones and other documents were confiscated by the investigating agency CBI. (GK)
