Srinagar, Aug 28:  High Court has directed the Passport Officer to consider the claim of a student for issuance of passport within four weeks.
“Issue passport to the petitioner in accordance with the provisions of Passports Act, 1967 ,” reads the Court order.
The Court passed the order after counsel for the petitioner, Mir Shafaqat Hussain argued before the court that right to travel is a fundamental right guaranteed under the Indian Constitution and denial of the document amounts to violation of the provisions of the law.
The petitioner, Untoo Muhammad Iqbal a student had applied for passport to pursue higher studies abroad. However,
he was denied the travel document.
The Court after hearing the arguments of the counsel for the petitioner, and defendant of the state, Ms Nusrat Razaq observed that the Passport Officer is a statutory authority. “And while issuing the travel document he may seek information from the government agency but ultimately it is the statutory authority which has to apply its own mind to the facts and circumstances of the case and take a decision regarding the issuance of the passport,” the Court observed.
Counsel for petitioner also argued before the Court that there was nothing adverse against the petitioner in the report filed by the CID.
“What however is stated is that maternal uncle of the petitioners father is the General Secretary of the Geelani Group,” he informed the court.
“The petitioner’s father has been issued passport but the petitioner was denied it on the basis of the grounds which are flimsy and do not hold relevance in terms of law,” the counsel pleaded before the Court.
Arguing that the petitioner has completed his B. Com from the Aligarh Muslim University and Chartered Accountancy Course from a prestigious Institution in New Delhi, the counsel maintained that he was never involved in any activity prejudicial to the security of the state.
He told the Court that he intends to pursue higher study abroad and if he is deprived of the passport, he will be deprived of the right to education which is a fundamental right guaranteed under the Indian Constitution.

Lastupdate on : Sun, 28 Aug 2011 21:30:00 Makkah time
Lastupdate on : Sun, 28 Aug 2011 18:30:00 GMT
Lastupdate on : Mon, 29 Aug 2011 00:00:00 IST