ALLAHABAD, 6 JUNE 2025 –
In a significant judgment, the Allahabad High Court has quashed trial court orders that had denied journalist Mohammad Seraj Ali a No Objection Certificate (NOC) required for the renewal of his passport. The case, which stemmed from Seraj’s reporting on the controversial demolition of a mosque in Barabanki, had led to restrictions on his travel and the impounding of his passport.
BACKGROUND: FIR OVER MOSQUE DEMOLITION REPORT
On May 17, 2021, during the COVID-19 pandemic, a mosque located in Ram Sanehi Ghat, Barabanki district, Uttar Pradesh, was demolished by the local administration on allegations that it was an illegal structure. The incident received national and international media coverage, including from BBC Hindi, The Guardian, and ANI.
Subsequently, on June 22, 2021, independent media outlet The Wire published a detailed video report titled “How a Mosque in UP’s Barabanki was Demolished”, co-authored by Mohammad Seraj Ali and Mukul Singh Chauhan.
Two days later, on June 24, 2021, an FIR was registered against several individuals, including Seraj, under various provisions of the Indian Penal Code (IPC).
In September 2021, Seraj resigned from The Wire and joined BBC India as a video journalist. A charge sheet was filed against him on May 22, 2022, and the trial court took cognizance of the case.
PASSPORT RENEWAL DENIED DESPITE DISCLOSURE
Seraj’s passport was due to expire in April 2023. He applied for renewal on September 30, 2022, disclosing the pending criminal case. However, the Regional Passport Office required a judicial order or an NOC from the trial court—both of which were denied by the court in orders dated August 21, 2023, and May 5, 2025.
This led Seraj to file a writ petition before the Allahabad High Court, challenging the legality of the trial court’s denial.
HIGH COURT OBSERVATIONS: “CLEAR NON-APPLICATION OF MIND”
Hearing the case, Justice Abdul Moin examined the trial court’s orders in light of the Office Memorandums (OMs) dated August 25, 1993, and October 10, 2019, which govern the issuance of passports to individuals with pending criminal cases.
Relying on the precedent set in Mohammad Ayaz @ Anas v. State of UP, where a similar denial of NOC was overturned, the High Court noted:
“The rejection of Seraj’s request for an NOC for passport issuance without reference to the applicable office memorandums dated October 10, 2019 and August 25, 1993 reflected a clear non-application of mind by the trial court.”
Accordingly, the Court quashed both trial court orders and issued comprehensive directions for the matter.
DIRECTIONS ISSUED BY THE HIGH COURT
Fresh Application: Seraj may submit a fresh application for passport renewal or re-issue before the Regional Passport Officer within 20 days.
Timely Decision: The Passport Authority must decide on the application within one month of receiving it, after verification and other due formalities, based on the certified copy of this court order.
Travel Conditions: Before any international travel, prior permission must be sought from the trial court, and the applicant must comply with its schedule and conditions.
Communication to Authorities: A copy of the court order is to be provided to the Deputy Solicitor General of India and the State’s Additional Government Advocate for communication to relevant authorities.
LEGAL REPRESENTATION
For Mohammad Seraj Ali: Advocates Areeb Uddin Ahmed, Arpit Verma, and Waseeq Uddin Ahmed.
For the State: Senior Advocate SB Pandey.
