J&K HIGH COURT COMES TO RESCUE OF KASHMIRI ATHLETE WHO WAS NOT GETTING CLEARANCE TO TRAVEL ABROAD

The Jammu & Kashmir and Ladakh High Court on Monday directed the Union Territory to issue a no-objection certificate to Bilquis Mir, a Kashmiri athlete and coach in Canoeing and Kayaking, to travel abroad for participation as a judge in the Canoe Sprint Olympic qualifier event being held in Japan from April 14 -21.

The order came on a writ petition by the athlete working as a physical education teacher in J&K's education department. She had challenged non-issuance of an NOC by her employer for her trip to Japan despite repeated requests from the president of Indian Kayaking and Canoeing Association. The association in its letter dated March 22 also requested the J&K Youth Services and Sports Secretary to issue the NOC to Bilquis and ensure her participation in the international sports event as “it was a unique honour for the country to be a jury member in the Pre-Olympics”.

Justice Sindhu Sharma, taking note of the petitioner’s submission that denial of opportunity may result in loss of reliability in the international forum for future selection, issued notices to the respondents, returnable within four weeks, and directed them to issue the NOC to her to travel Japan for the event. Justice Sharma directed the High Court registry to list the case on May 24.

Bilquis Mir’s counsel Najmi Waziri, who appeared in the case along with advocate Shariq Reyaz, told the court that the petitioner has also been selected as a judge for the Paralympics Games to be held in Paris, France, from August 28 to September 8 this year. She has also been nominated from Asia for the same event from September 3–9 this year.

Government-appointed advocate Sajad Ashraf pointed out that Bilquis was facing an investigation in a case registered under the provisions of the Prevention of Corruption Act regarding her appointment as a physical education teacher and hence, she required mandatory vigilance clearance by Anti-Corruption Bureau before processing her case for a visit to a foreign country.

Ashraf pointed out that prior permission of a competent authority is required for an employee to visit a foreign country. This permission can be denied to one in the interest of security of the State or if one is facing an inquiry/investigation in case of apprehension of evading arrest.

Justice Sharma observed that the petitioner has already assailed the FIR in the High Court, which vide order dated November 22, 2023, allowed the respondents to continue with the investigation, but restrained them from presenting the challan without its permission. The court had also directed the respondents that in the event of arrest of the petitioner, she be released on bail.

The judge observed that the only reason for the petitioner’s travel abroad is to participate in the Olympic event and it will only promote the sport of canoeing and kayaking. “It is not the case that there is any apprehension of her evading arrest,’’ Justice Sharma said.

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2024-04-18T02:31:35Z dg43tfdfdgfd