Srinagar, August 20, KDC: Stressing that the rule of law is inherently the rule of reason, the High Court of Jammu & Kashmir and Ladakh has summoned the Regional Passport Officer (RPO), Srinagar, to appear in person alongside the complete record regarding the passport application of senior political leader Naeem Akhter Andrabi.
Hearing a writ petition, a Bench of Justice Rahul Bharti observed that a citizen is presumed innocent unless proven guilty and cannot reasonably be expected to tender an explanation regarding antecedents without being apprised of the adverse material relied upon against him.
The politician had approached the High Court challenging a communication dated May 21, 2026, issued by the RPO Srinagar, which required him to submit a suitable explanation with supporting documents within 30 days failing which his passport application file would be closed without further notice.
Akhter contended through Senior Advocate Altaf Haqani that despite completing all formalities, the passport was withheld on the basis of adverse police verification reports whose contents were never shared with him, rendering him incapable of submitting any effective defense.
Taking strong exception to the administrative approach, Justice Rahul Bharti, according to news agency Kashmir Dot Com, said that the impugned notice did not even reserve an opportunity for the applicant to be briefed on the contents of the objectionable police reports upon visiting the office.
“A citizen of India is presumed to be innocent unless proved guilty in accordance with law and, therefore, cannot reasonably be expected to furnish an effective explanation w.r.t. his credentials and antecedents without being apprised of the material sought to be relied upon against him… The impugned communication, therefore, prima facie fails to meet the very essence of a fair administrative course of action or decision under the rule of law which governs this country. The rule of law is, in other words, the rule of reason, which this Court does not prima facie find reflected in the impugned communication,” the Court observed.
During the proceedings, Deputy Solicitor General of India (DSGI) T. M. Shamsi submitted that if the petitioner was directed to present himself before the RPO, the application file may have already been closed and might not be readily available for revival or fresh consideration.
Discarding the argument, the Court observed that even in the event of the petition being allowed on merits, the original application would necessarily have to be revived and considered afresh in accordance with law.
Directing the DSGI to come up with instructions and produce the entire original file, the Bench ordered the Regional Passport Officer, Srinagar, to remain present in person on the next date of hearing to answer judicial queries, noting the possibility of disposing of the matter without formal adjudication on merits.
The Court has listed the matter for further hearing on August 21, 2026.
Senior Advocate Altaf Haqani along with Advocate Muneeba appeared for the petitioner, while DSGI T. M. Shamsi along with Advocates Faizan Ahmad Ganaie and Bisma Ali represented the Union of India. (KDC)
