On June 5, 2025, the Jammu and Kashmir and Ladakh High Court delivered a significant ruling affirming that impounding a passport without a formal chargesheet violates an individual’s fundamental rights under Article 21 of the Indian Constitution. The court emphasized that merely registering a First Information Report (FIR) or having an ongoing investigation does not constitute “pending proceedings” under Section 10(3)(e) of the Passports Act, 1967.

Justice Sindhu Sharma made these observations while hearing a writ petition filed by retired IAS officer Sajad Ahmad Khan. Khan’s passport was seized during a Central Bureau of Investigation (CBI) probe into alleged irregularities in arms license issuance between 2012 and 2016. Despite no chargesheet being filed against him, authorities impounded his passport, citing national security concerns, thereby preventing him from undertaking a religious pilgrimage.

The High Court set aside the earlier order by the Special Judge, Anti-Corruption (CBI Cases), Jammu, and directed the Regional Passport Officer to release Khan’s passport or issue a fresh one after completing necessary formalities. The court underscored that such actions must be backed by valid reasons and follow due legal process, and that the mere existence of an FIR or ongoing investigation does not justify impounding a passport.

This ruling reinforces the principle that fundamental rights, including the right to travel abroad, cannot be curtailed solely based on unproven allegations or pending investigations without concrete legal justification.

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