Fresh passport verification for retired judges unreasonable, baseless: HC

The High Court has ruled that requiring fresh intelligence verification for ordinary passports of retired or resigned Supreme Court judges is “unreasonable and baseless”, directing the authorities to issue passports to former judges and their wives without any additional security clearance.

The ruling came in a writ petition challenging complications faced by former Appellate Division Justice Mohammad Iman Ali in obtaining an ordinary passport.

The full judgment was published on the Supreme Court website on Thursday (September 10).

A bench comprising Justice Fahmida Kader and Justice Md Asif Hasan directed the authorities to issue and hand over ordinary passports to Eman Ali and other retired Supreme Court judges and their wives without requiring additional intelligence reports.

The court observed that judges are entitled to diplomatic passports during their tenure based on their official status and position in the state. It therefore found no rational basis for subjecting them to fresh intelligence verification after retirement when they apply for ordinary passports.

Under the existing protocol, Supreme Court judges and their wives are entitled to diplomatic passports. After retirement or resignation, judges are required to surrender those passports and apply for ordinary ones.

Previously, no separate intelligence report was required for the ordinary passport.

However, a Home Ministry memorandum issued on August 22, 2024 made satisfactory reports from two intelligence agencies mandatory for individuals surrendering diplomatic passports before obtaining ordinary ones. Iman Ali applied for an ordinary passport on November 3, 2024 but could not obtain it due to the absence of intelligence clearance, restricting his ability to travel abroad.

The administrative requirement was later challenged through a writ petition filed by Supreme Court Protocol Officer Md Roman Bhuiyan with permission from the Registrar General. The High Court disposed of the rule issued in the case through its latest judgment.