Allahabad High Court Grants Relief to BBC Journalist Mohammad Seraj Ali in Passport Case
The Allahabad High Court has granted significant relief to BBC journalist Mohammad Seraj Ali, who faced travel restrictions and had his passport impounded in connection with an FIR filed over his reporting on the demolition of a mosque in Uttar Pradesh’s Barabanki district during the COVID-19 lockdown.
The court quashed two orders issued by lower courts in Barabanki that had denied Seraj a no-objection certificate (NOC) — a key requirement for renewing or reissuing his passport, which expired in April 2023.
The rejection had effectively barred him from international travel, despite his cooperation with legal processes.
Justice Abdul Moin, while hearing Seraj’s petition, observed that the trial courts had failed to consider two key government memoranda dated October 10, 2019, and August 25, 1993.
These documents guide the issuance of passports in cases involving pending criminal proceedings. The judge ruled that the trial courts’ omission amounted to a “clear non-application of mind,” and referenced the recent ruling in Mohammad Ayaz v. State of Uttar Pradesh to support the decision.
The court directed that Seraj be allowed to submit a fresh passport application to the Regional Passport Officer within 20 days.
The passport authority must then decide on the application within one month, following all necessary verifications and based on the certified copy of the high court’s order.
However, the court stipulated that Seraj must obtain prior permission from the trial court before undertaking any international travel.
A copy of the order is to be sent to the Deputy Solicitor General of India and the Additional Government Advocate to facilitate necessary communication with relevant authorities.
Seraj’s counsel argued that the trial court erred in denying the NOC, despite the petitioner’s full disclosure of the pending criminal case at the time of applying for passport renewal in September 2022.
The lawyer emphasized that applicable government guidelines permit the issuance of passports under such circumstances, and that Seraj’s rights had been infringed by the arbitrary denial of the NOC.
The FIR against Seraj dates back to June 24, 2021, following the publication of a video report he co-authored with journalist Mukul Singh Chauhan for The Wire, titled “How a Mosque in UP’s Barabanki Was Demolished”.
The piece investigated the demolition of a mosque by the Barabanki district administration on May 17, 2021, an act the authorities claimed targeted an “illegal structure.”
The report sparked nationwide and international media coverage, with BBC Hindi, The Guardian, and ANI among those reporting on the incident.
Days after the report’s release, an FIR was filed under multiple sections of the Indian Penal Code against Seraj and others involved.
Seraj later resigned from The Wire in September 2021 and joined BBC India as a video journalist. A charge sheet was filed in the case on May 22, 2022, and the trial court subsequently took cognizance.
With this ruling, Seraj can now proceed with renewing his passport, potentially marking the end of a protracted legal battle over a case that has drawn attention to press freedom and procedural fairness in cases involving journalists.
