The Allahabad High Court has granted relief to BBC journalist Syed Mohammad Seraj Ali by setting aside two orders of lower courts in Barabanki that denied him a No Objection Certificate (NOC) for the renewal of his passport.
Ali faced an FIR from Uttar Pradesh Police over a June 2021 report on the demolition of the Ramsanehighat mosque in Barabanki. The FIR invoked multiple IPC sections, including 153, 153A, 120-B, and 501(1)(b), naming Ali and co-journalist Mukul Chauhan, who had then reported for The Wire.
Ali later joined BBC in September 2021, and in 2022, a chargesheet was filed against him. As his passport was set to expire in April 2023, he applied for its renewal in September 2022. However, due to the pending case, the Regional Passport Office (RPO) demanded a trial court-issued NOC.
Ali's plea for an NOC was rejected by the trial court, prompting him to approach the High Court. Advocates Areeb Uddin Ahmed, Amaan Siddiq, Arpit Verma, and Waseeq Uddin represented him in court.
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They argued that the trial court ignored mandatory government guidelines, particularly the Office Memoranda issued by the Union of India in October 2019 and August 1993, which outline the process for granting NOC in cases with ongoing criminal proceedings.
“The trial court had rejected Ali’s NOC plea without referring to or applying the relevant Office Memoranda, showing non-application of mind,” the counsel submitted.
After examining the facts, Justice Abdul Moin allowed Ali’s petition. The court highlighted that the trial court's decision failed to reference the required government memoranda, which was essential as per the precedent laid in Mohammad Ayaz Alias Anas vs. State of U.P. & Others.
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“The orders passed by the Barabanki court are liable to be set aside due to non-consideration of the applicable guidelines,” stated the bench.
Directions Issued by the High Court:
“The applicant shall file a fresh application with a certified copy of this order to the Regional Passport Office within 20 days.”
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“The Regional Passport Officer shall decide the application and issue the passport within 1 month from the date of submission.”
“Before going abroad, the applicant must inform and take permission from the trial court.”
“The applicant must appear before the trial court on scheduled dates and comply with its conditions.”
The respondents, opposite parties No. 2 & 3, were represented by Senior Advocate and Deputy Solicitor General SB Pandey, assisted by Advocate Varun Pandey.
Title: Syed Mohammad Seraj Ali vs. State Of U.P. Thru. Addl. Chief Secy. (Home) Deptt. Home Govt. Of U.P. Lko. And 2 Others.
