Allahabad HC Quashes Trial Court’s Denial of Passport NOC for BBC Journalist Facing FIR

Providing relief to BBC journalist Mohammad Seraj Ali—who faces an FIR for his 2021 report on the demolition of the Ramsanehighat mosque in Barabanki—the Allahabad High Court on Thursday, June 5, 2025, quashed two Barabanki court orders that had denied him a No Objection Certificate (NOC) for the renewal of his passport.

The journalist had approached the high court seeking quashing of the orders passed by the trial courts on August 21, 2023, and May 5, 2025, which rejected his application for an NOC necessary for the issuance or renewal of his passport. Ali argued that the denial was in violation of official guidelines and reflected a complete non-application of judicial mind.

A single-judge bench of Justice Abdul Moin noted that the trial courts had overlooked two key documents—the Ministry of External Affairs Office Memorandum dated August 25, 1993, and another dated October 10, 2019. These govern how courts may grant conditional NOCs to individuals facing criminal proceedings who require passports for travel abroad.

The court referred to its recent decisions in Mohammad Ayaz Alias Anas v. State of U.P. and Fareed Alam v. State of U.P., where similar rejections were overturned for failing to consider the memorandums. The state and Union government counsels did not dispute the applicability of these precedents in Ali’s case.

The high court allowed Ali to submit a fresh application for renewal or issuance of his passport before the Regional Passport Officer within 20 days. It directed the passport office to decide the matter within one month, following due legal formalities. Court also required Ali to inform and take permission from the trial court before traveling abroad and comply with any conditions imposed.

Case Title: Syed Mohammad Seraj Ali vs. State of UP and 2 Others