Srinagar- The High Court of J&K and Ladakh has directed the government to grant permission to Bilquis Mir,International athlete and Coach in the Sport of Canoeing and Kayaking, for traveling abroad. Bilquis has been selected as Chief Finish Line Judge in the Asian Canoe Sprint Olympic Qualifier being held in Japan.
“Subject to objections and till next date of hearing before the Bench, the respondents (authorities) shall grant NOC/ permission to the petitioner (Bilquis) to travel abroad for the event scheduled in Japan in the first Instance,” a bench of Justice Sindhu Sharma said while hearing a petition filed by Bilquis Mir.
In her plea, Bilquis said that she has been selected by the Asian Canoe Confederation as a Chief Finish Line Judge in the Asian Canoe Sprint Olympic Qualifier to be held in Japan from April 14 to 21. She has also been selected as a Judge (ITO) for the Paralympic Games to be held in Paris, France, from August 28 to September 8 this year, and is nominated from Asia for 2024 Paralympic Games in Paris from 3rd September to 9th September as a first ever Technical Officer from India.
She said that the President, Indian Kayaking and Canoeing Association, requested the J & K government, on February 21 this year, to issue a No Objection Certificate (NOC) to enable her participation in these competitions.
On March 22, she said, the Association again requested the Secretary, Youth Services and Sports to issue NOC for her timely participation in the International event as it was a “unique honour” for the country to be a Jury Member in the Pre-Olympics.
In case the opportunity is denied to her, it might act as a deterrent for future as it may result in loss of reliability in International Forum for future selection, the Association said.
She said despite repeated requests, the government has not issued NOC/ permission to her to travel abroad to participate as a Judge in the Olympics in Japan.
Sajad Ashraf, Government advocate reported instructions in this regard and 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. This permission can be denied in the interest of security of the State or if the investigation/ inquiry is faced or in case of apprehension of evading the arrest, he said.
He said Bilquis is facing investigation in a case (FIR no.23/2023) under Section 5 (1)(d) of the Prevention of Corruption Act, regarding her appointment as Physical Education Teacher and such requires mandatory vigilance clearance by ACB before processing her case for a visit to foreign country.
In addition, he said, a complaint has also been filed against her. Further the form submitted by her on the online portal was not accepted as she has not submitted her property statement.
Referring to a circular dated 21 February 2019 regarding grant of permission to visit outside the country on private affair, he said it provides that permission may be denied in the interest of security or individuals facing investigation or inquiry on serious charges or trying to evade apprehension by police authority.
“The only reason of petitioner’s travel to abroad is to participate in the Asian Canoe Sprint Olympic Qualifier to be held in Japan from April 14th to 21st April, 2024 on an invitation as it will only bolster and promote the sport of canoeing and kayaking,” the court said, adding, “It is not the case of the respondents (authorities) that there is any apprehension of her evading arrest.”
While Bilquis said that she is available for investigation, the court observed that in case it was not expedient to grant permission due to some reason or any lacuna, the same should have been conveyed to her within a reasonable time.
“In this case, it appears that no such decision has been taken,” the court said, adding, “Keeping in view the fact that the event in Japan is going to be held on 14th April to 21st April, 2024, and the petitioner (Bilquis ) would lose all opportunities to participate in the same and this may even act as deterrent for appointment as Chief Line Finish Judge in future,” the court said directed authorities to grant permission to her.
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