Jammu & Kashmir High Court permits Canoeist Bilquis Mir to travel to Japan to judge Olympic Qualifier

The High Court of Jammu & Kashmir and Ladakh has permitted canoeist Bilquis Mir to travel to Japan participate as Chief Line Judge in the Asian Canoe Sprint Olympic Qualifier being held in Japan from April 14 to April 21 [Bilquis Mir vs. UT of JK and others]..Bilquis is facing an investigation in a case registered under Section 5(1)(d) of the Prevention of Corruption Act regarding her appointment as Physical Education Teacher..However, single-judge Justice Sindhu Sharma said that the only reason for the petitioner's travel abroad is to participate in the Asian Canoe Sprint Olympic Qualifier to be held in Japan and it is not the case of the respondents that there is any apprehension of her evading arrest.Hence, it directed the Secretary of Youth Services and Sports, Jammu and Kashmir (respondent) to issue No Objection Certificate (NOC) to Mir. .Mir was selected by the Asian Canoe Confederation as the Chief Finish Line Judge in the Asian Canoe Sprint Olympic qualifier to be held in Japan from April 14 to April 21. She was also selected as a Judge (ITO) for Paralympic Games slated to be held in Paris from August 28 to September 8. She was also nominated from Asia for 2024 Paralympic Games in Paris from September 3 to September 9 as the first ever Technical Officer from India. She, therefore, requested the respondent to issue NOC to enable her participation in these events. .Mir subsequently moved the Court contending that the respondent, despite many requests, did not issue NOC for the events. Thus, she sought a direction to the respondents for granting her the requisite permission to travel abroad for the events..The Government Counsel, representing the respondents, submitted that prior permission of the Competent Authority is required by an employee who intends to visit the foreign country on private affairs during the period of leave. Such permission can be denied in the interest of security of the State or if the person is facing any investigation/inquiry or in case of apprehension of that such persons could evade arrest..He further submitted that the petitioner is facing investigation in FIR registered under PC Act which requires mandatory vigilance clearance by Anti-Corruption Bureau (ACB) before processing her case for a visit to foreign country..However, the High Court said that the prima facie case for indulgence was made out.It said that the petitioner's participation in the event would bolster the sport of canoeing and kayaking.It also said that the respondent has not raised any apprehension that Mir would evade arrest.Further, if there was some specific reason for not granting permission to the petitioner, the same should have been conveyed to her within a reasonable time which was not done.Further, is she is not allowed to participate in the event, it could even have a deterrent effect with regard to such positions being provided to other athletes from India.Hence, it proceeded to direct the respondent to issue grant NOC/permission to the petitioner to travel abroad for the event scheduled in Japan at the first instance..The High Court also issued notice to the respondents for filing their response within four weeks..Senior Advocate Najmi Waziri along with advocate Shariq Reyaz appeared on behalf of the petitioner. Government Advocate Sajad Ashraf appeared on behalf of the respondents..[Read Order]