HC seeks objections on Mehbooba’s plea for issuance of passport

Jammu and Kashmir High Court has sought government response on a plea by former Chief Minister and PDP president Mehbooba Mufti seeking issuance of her passport.

After hearing the parties, a bench of Justice Ali Muhammad Magrey issued notice to Ministry of External Affairs, Government of India, through its Secretary, Jammu and Kashmir government through its Commissioner Secretary Home Department, Additional Director General of Police CID J&K, Regional Passport Officer Srinagar and Senior Superintendent of Police Srinagar.

   

While ASGI, Tahir Shamsi, accepted notice on behalf of Ministry of External Affairs and Regional Passport Officer Srinagar, AAG B A Dar waived the same on behalf of J&K’s Commissioner Secretary Home Department, Additional Director General of Police CID and SSP Srinagar.

The court sought objections to the plea by Mar 23.

Mufti through senior advocate Jahangir Iqbal Ganai submitted before the court that her passport expired on 31 May 2019 and she applied for issuance of passport before Regional Passport Officer Srinagar on December 11 last year.

As per instructions in the circular issued by the Ministry of External Affairs the passport of an individual is to be issued within 30 days, she said.  She said that despite the lapse of three months, the passport was not issued to her.

The petitioner contended that while availing the tracking facility on the Passport Officer’s website, she came to know about the status of the passport as “pending for physical verification at respective Thana under SP office, District Srinagar.”

She approached the Superintendent of Police on 13th February 2021 with the request to forward the police report to the passport office. But till date, she said, the status of her passport on the available portal of the passport office shows the same status. She pleads that she had no option but to approach the Court.

ASGI Shamsi told that court that Passport Officer Srinagar has already sought information from J&K’s Additional Director General of Police (CID) through a communication dated 3 March, 2021.

Shamsi produced a copy of the communication which the court took on record. Notably, the court made it clear that the pendency of writ petition shall not form any impediment for the police agency to expedite the verification.

In her plea the former Chief Minister submits that for want of police verification there is delay in issuance of her passport. She also seeks action against officials concerned for violating her right to travel abroad as guaranteed under Article 21 of the Constitution of India.  Meanwhile the court issued notice on a separate petition filed by Gulshan Nazir, Mehbooba’s mother, for issuance of her passport.

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