Farooq Abdullah gets passport renewal relief in JKCA scam case; Court sets travel conditions

In the much-publicised Jammu and Kashmir Cricket Association (JKCA) scam, former Chief Minister and president of the ruling National Conference, Dr Farooq Abdullah, received major relief on Thursday after a court issued a No Objection Certificate (NOC) for the renewal of his passport.

An additional sessions court in Srinagar issued the NoC for the renewal of Dr Farooq Abdullah’s passport for one year. However, the court made it clear that Dr Abdullah cannot travel outside the Union Territory or abroad without obtaining prior permission from the trial court.

Additional Sessions Judge Farooq Ahmad Bhat passed the order while disposing of Abdullah’s petition seeking permission for the issuance/renewal of his passport despite the pendency of criminal proceedings in the alleged JKCA funds misappropriation case.

The court directed the Regional Passport Officer, Srinagar, to consider the issuance or renewal of Abdullah’s passport for a period of one year, subject to the condition that he is not involved in any other criminal case and that no other FIR debarring the issuance of a passport has been registered against him anywhere in the country.

The court further ruled that if Abdullah intends to travel outside the territorial limits of Jammu and Kashmir or abroad, he must first obtain permission from the court of the Chief Judicial Magistrate (CJM), Srinagar. It also said the NoC would automatically stand revoked if any proceedings pending before the CJM or the sessions court were modified against his interest.

Abdullah had approached the court after the Regional Passport Office sought either an acquittal order or a no objection certificate from the competent court following an adverse police verification report linked to FIR No. 27/2012 registered at Ram Munshi Bagh Police Station. He argued that the charges framed against him had been kept in abeyance by the Sessions Court in April this year and that he had regularly appeared before the court without ever absconding or violating judicial directions.

The Central Bureau of Investigation (CBI) opposed the plea, contending that Abdullah is facing prosecution in a serious corruption case relating to the alleged misappropriation of JKCA funds. It argued that while the order framing charges had been stayed, neither the charges nor the criminal proceedings had been quashed. The agency also expressed apprehension that the issuance of a passport could enable the accused to leave the country and evade trial.

The court, however, observed that the Passports Act and the Central Government notifications issued under it do not impose an absolute bar on the issuance of passports to persons facing criminal proceedings. Referring to the Supreme Court’s 2025 judgement in Mahesh Kumar Agarwal v. Union of India, the court said the right to travel abroad forms part of Article 21 of the Constitution and that the mere pendency of a criminal case cannot automatically prevent the issuance or renewal of a passport.

The court clarified that possessing a passport and obtaining permission to travel abroad are two distinct legal issues. It said the NoC merely enables the Passport Office to process Abdullah’s application and does not dilute the authority of the trial court or exempt him from securing prior judicial approval before leaving India. The court noted that the existing bail conditions would continue to remain in force.

The 88-year-old veteran politician, who earlier served as president of the Jammu and Kashmir Cricket Association (JKCA), has been summoned by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) several times in connection with the case.

The scam came to light 14 years ago when Muhammad Aslam Goni, the then chairman of the JKCA Managing Committee, lodged an FIR with the police on March 10, 2012, against Ahsan Mirza and Mohammad Saleem Khan—the then JKCA general secretary and chief administrative officer, respectively—accusing the duo of diverting the association’s funds into bogus bank accounts created in its name.

Between 2006 and 2012, the Board of Control for Cricket in India (BCCI) granted Rs 113 crore to the Jammu and Kashmir Cricket Association for the promotion of cricket in the Union Territory. Of this amount, Rs 43.69 crore was allegedly siphoned off and misappropriated by some office-bearers of the association.

It was alleged that during this period, the then president of the Jammu and Kashmir Cricket Association, Dr Farooq Abdullah, connived with the JKCA treasurer and others to siphon off the funds. Mir Manzoor Gazanfar, who resigned as the JKCA treasurer in 2008, claimed that Dr Abdullah visited his hotel in Srinagar and made him sign blank cheques.

Gazanfar further alleged that Dr Farooq Abdullah arrived with Ehsan Mirza, the then general secretary of JKCA, and forced him to sign several blank cheques.

Ehsan Mirza is also accused of defrauding the association of over Rs 30 crore after allegedly opening bogus bank accounts in its name. He was later sacked on charges of embezzlement. However, he has maintained that he was made a scapegoat.

In 2015, the Jammu and Kashmir High Court handed over the investigation into the alleged scam to the CBI while indicting the state police for failing to conduct a proper probe in a case in which Dr Farooq Abdullah had been named.

In 2018, the CBI filed a chargesheet against four persons, including Dr Farooq Abdullah, who was then the president of the state cricket body, for the alleged misappropriation of Rs 43.69 crore by the accused office-bearers.

On October 21, 2020, Dr Farooq Abdullah appeared before the Enforcement Directorate’s regional office at Rajbagh in Srinagar.

On December 19, 2020, the Enforcement Directorate attached properties worth Rs 11.86 crore linked to Dr Farooq Abdullah in connection with the alleged scam.