Allahabad HC Grants Relief To BBC Journalist Denied Passport NOC Over Case Linked To Mosque Demolition Reporting

In a relief to Mohammad Seraj Ali, a journalist associated with the BBC, who is facing an FIR over his 2021 report on the demolition of Ramsanehighat mosque in Barabanki, the Allahabad High Court on Thursday set aside two orders of the courts in Barabanki denying him a no-objection certificate (NOC) for the renewal/issuance of his passport. Ali, who, along with journalist Mukul Chauhan, published a video report in June 2021 while working for The Wire, was booked by the Uttar Pradesh Police in an FIR under various sections of the IPC, including Sections 153, 153A, 120-B, and 501(1)(b). Ali later joined the BBC in September 2021. Further, in 2022, a chargesheet was filed against him in the case, and the concerned court took cognisance upon it. Since his passport was due to expire in April 2023, Ali applied for its renewal on September 30, 2022. However, the Regional Passport Office asked for an NOC from the trial court due to the pending criminal case. Therefore, Ali approached the concerned court in Barabanki seeking the required NOC. However, since his application was rejected, he moved to the Allahabad High Court. Appearing on his behalf, Advocates Areeb Uddin Ahmed, Amaan Siddiq, Arpit Verma and Waseeq Uddin argued that the rejection orders were liable to be set aside. They submitted that in cases involving pending criminal proceedings, the issuance of an NOC for passport purposes must be in a certain manner, containing certain conditions, as outlined in two Office Memoranda issued by the Union of India (of October 2019 and August 1993). It was their primary contention that the trial court had summarily rejected Ali's application without referencing or considering the applicable Office Memoranda, which demonstrated a clear non-application of mind on the part of the trial court. Thus, they prayed for the quashing of the impugned orders on this ground alone. Taking into account these submissions, a bench of Justice Abdul Moin allowed his plea by setting aside the orders impugned as it noted that the trial court had rejected his plea without even referring to the concerned Office Memorandums (of October 2019 & August 1993) which was a necessary requirement as per the HC's judgment in the case of Mohammad Ayaz Alias Anas vs. State of U.P. and 2 Others In its order, the bench also issued the following directions:- Ali will move a fresh application along with a certified copy of this order for renewal/re-issue of her passport before the concerned Regional Passport Officer within 20 days.On his moving a fresh application, 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 1 month.Ali shall inform and take permission from the trial court concerned before going abroad and,He shall appear before the trial Court on the date fixed as directed by the trial Court and he shall be bound by the terms and conditions imposed by the trial court. Senior Advocate and Deputy Solicitor General of India SB Pandey, assisted by Advocate Varun Pandey, appeared on behalf of the opposite parties No. 2 & 3Case 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 2025 LiveLaw (AB) 213Case citation: 2025 LiveLaw (AB) 213Click Here To Read/Download Order

Allahabad HC Grants Relief To BBC Journalist Denied Passport NOC Over Case Linked To Mosque Demolition Reporting

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