Srinagar, Oct 10: The High Court of Jammu and Kashmir and Ladakh has directed the revival of the passport of a Kashmiri MBBS student pursuing her studies in Iran to enable her to complete the remaining part of her medical course, while allowing authorities to conduct a fresh security audit before restoring the travel document.
A division bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice Wasim Sadiq Nargal passed the directions while disposing of an appeal filed by Ibra Khan, a student at Tehran University of Medical Sciences, Kish Campus, Iran.
In its order, the court observed that depriving the student of the opportunity to complete her MBBS course would jeopardise her career, particularly when she had already completed half of the programme with the permission granted by the authorities.
The student had received show-cause notices on March 27 and April 9, 2026, which culminated in an order dated May 4, 2026, resulting in the impounding of her passport.
Appearing for the appellant, her counsel submitted that she had completed two years of her MBBS course on the basis of her passport and admission to the university. The counsel also submitted that the university was recognised by the National Medical Commission and sought the release of her passport solely to enable her to complete her education.
The court had called for a report from the government in a sealed cover. The report raised allegations concerning the appellant’s father in connection with a case registered in 1997 and expressed apprehension that the student might join anti-India forces, potentially jeopardising the country’s security and sovereignty.
However, the bench noted that the respondents’ counsel could not pinpoint the grounds for such apprehension, particularly as the case referred to in the report dated back to 1997, while the appellant herself was born in 2005.
The court said it had the highest respect and concern for the country’s security and sovereignty but considered limited intervention warranted in view of the peculiar circumstances of the case and the student’s academic progress.
Accordingly, the bench directed that her passport be revived for the remaining period required to complete her MBBS course. It clarified that if the authorities possessed any additional material beyond what was contained in the source report, they could conduct a fresh security audit before reviving the passport.
The respondents were also permitted to impose conditions considered necessary on the basis of an expert assessment. The student would be required to undertake to comply with those conditions before the passport was restored.
The bench modified the order dated June 5, 2026, passed by the single judge.
Clarifying the limited scope of its decision, the court said the order was being passed in the peculiar facts of the case and should not be treated as a precedent. It also directed that the source report be returned to the respondents in a sealed cover.
