J&K High Court Directs Govt To Issue NOC For Canoeist Bilquis Mir's Participation In Asian Canoe Sprint Olympic Qualifiers

The directions to this effect were passed by Justice Sindhu Sharma in response to Bilquis Mir's plea seeking permission to travel to Japan and participate as the Chief Line Judge in the Asian Canoe Sprint Olympic Qualifier.

Mir, an International athlete and Coach in the sport of Canoeing and Kayaking, had been selected by the Asian Canoe Confederation for the prestigious role. However, her participation was hindered due to the unavailability of the NOC from the authorities.

She contented that the respondents despite repeated requests had not issued No Objection Certificate/ permission to her to travel abroad to participate as Judge in Olympics in Japan. 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, she argued.

Contesting the relief the respondent UT submitted that the petitioner is facing investigation in 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, they also pointed that the form submitted by her on the online portal was not accepted as she had not submitted her property statement.

Emphasising the importance of Mir's role in promoting and bolstering the sport of canoeing and kayaking, not just on a national but also on an international level Justice Sharma highlighted the potential loss of opportunities and the deterrent effect it could have on future appointments for athletes in India if Bilquis Mir's participation was denied.

“The participation of the petitioner in future International event would suffer and it may even have a deterrent effect with regard to such position being provided to the athletes in India”, the bench remarked.

Addressing the concerns raised by the respondents regarding ongoing investigations, the court noted that there was no evidence of Bilquis Mir evading arrest or hindering the investigation process. Furthermore, the court emphasized the need for timely communication if permission couldn't be granted and observed,

“In case it was not expedient to grant permission due to some reason or any lacuna, the same should have been conveyed to the petitioner within a reasonable time. In this case, it appears that no such decision has been taken”, the bench underscored.

In light of the upcoming event scheduled from April 14th to April 21st, 2024, the court issued a notice to the respondents and ordered,

“In the meanwhile, subject to objections and till next date of hearing before the Bench, the respondents shall grant NOC/ permission to the petitioner to travel abroad for the event scheduled in Japan in the first instance”.

Case Title: Bilquis Mir Vs UT of J&K

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Mr. Najmi Waziri, Sr. Advocate with Mr. Shariq Reyaz, Advocate appeared for Petitioner, Mr Sajad Ashraf GA represented UT of J&K