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HC asks DYSS to allow Kashmiri water sports athlete to travel abroad for sports event

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Srinagar: The High Court of J&K and Ladakh has directed the J&K Youth Services and Sports department to grant permission to a Valley-based female athlete of international recognition (facing investigation by Anti-Corruption Bureau-ACB), to travel abroad for a sports event scheduled in Japan.

Justice Sindhu Sharma while hearing a petition by Bilquis Mir, an international athlete and coach in Canoeing and Kayaking, issued a notice to the respondent authorities.

The bench directed “subject to objections and till next date of hearing (on May 24) the respondents shall grant NOC/ permission to the petitioner to travel abroad for the event scheduled in Japan in the first instance.”

The athlete, according to her petition, 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 14th to April 21st, 2024.

“She has also been selected as a Judge (ITO) for the Paralympic Games to be held in Paris, France, from August 28th to September 08th, 2024, and is nominated from Asia for 2024 Paralympic Games in Paris from 3rd September to 9th September, 2024, as a first-ever Technical Officer from India.”

Her petition said “The President, Indian Kayaking and Canoeing Association, on February 21, 2024, requested her employer respondent no. 2 to issue a No Objection Certificate (NOC) to enable the participation of the petitioner in these competitions. On March 22, 2024, the Association again requested the Secretary, Youth Services and Sports, Jammu & Kashmir, to issue NOC for the petitioner’s 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 the future as it may result in loss of reliability in the international forum for future selection.”

The contention of the petitioner is that the respondents despite repeated requests have not issued NOC/permission to her to travel abroad to participate in the scheduled events.

Advocate Sajad Ashraf, representing the respondents, told the court “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. Her vigilance clearance by ACB before processing her case for a visit to a foreign country is mandatory. Besides, 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.”

Najmi Haziri, the senior advocate, and counsel of the athlete, contended “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”, on which the bench observed “prima facie case for indulgence is made out”.

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