J&K HC Dismisses Mehbooba Mufti’s Plea For Issuance Of Passport

OVERVIEW

The former Chief Minister of the Union Territory of Jammu and Kashmir and the President of the People’s Democratic Party, Mehbooba Mufti, sought directions from the High Court of Jammu & Kashmir to issue her passport by filing a writ petition, Mehbooba Mufti v. Union of India & Ors. [WP (C) No. 382/2021 CM No. 1215/2021].

The Court dismissed her plea and said that “The court, in this behalf, can only direct the concerned authorities to expeditiously consider the case of an individual in the light of the mandate of the scheme of law governing the subject.” Justice Ali Mohammad Magray also pointed out the limited scope of Courts with regard to the issuance of passport to the citizens. 

Such petition was dismissed by the Hon’ble Court on Monday, the 29th of March.
 

BACKGROUND 

The Jammu and Kashmir High Court has been hearing the case related to the former Jammu and Kashmir Chief Minister whose issuance of passport was being delayed more than usual.

It was brought to the attention of the High Court that according to the directions issued by the Ministry of External Affairs issued in this regard, the Government of India prescribes a maximum of 30 days for issuing the passport to the applicants.

It was also observed that a time period of three months had passed since such application and even then, the passport has not been issued.  

On tracking the application status of such passport from the official website of such passport office, it showed the status as "Pending for physical verification at respective Thana under SP office, District Srinagar."

Her plea points out that “It is essential to state here that right to travel abroad inheres in right to life and liberty as guaranteed under Article 21 of the Constitution of India,” and goes on to state that “The delay in issuing a passport in favour of the petitioner is an act that is not in conformity with the constitutional mandate and the provisions of the Passport Act. The delay occasioned in issuing the passport in favour of the petitioner has an effect of imposing restrictions on the rights of the petitioner vested upon her by the Constitution of India, which guarantees her freedom to travel abroad.” 

VIEW OF THE COURT 

Justice Ali Mohammad Magrey, while adjudicating the petition filed by Mehbooba Mufti commented that “I am of the considered view that no direction can be issued by this court for issuance of passport in favour of the petitioner,” while pointing out the limited scope of the Court regarding the instant matter.

“The Police Verification report received from Additional Director General of Police, J&K-CID does not favor issuance of passport and returned as “NOT RECOMMENDED PASSPORT CASE”, vide No. CID/Final/21/017558- 017559 dated 18th of March, 2021”, the state lawyer submitted to the court.

The Court observed thus “The respondent authorities have already undertaken the said exercise in tune with the mandate of the scheme of law by, firstly, seeking report from the police/CID authorities, and, thereafter, passing the order in tune with such recommendations of the police/CID authorities.”

The Assistant Solicitor General of India, T M Shamsi, argues that Mehbooba Mufti has no absolute right to demand a passport in her favour, “as it is a document that vouches for the respectability of the holder. It stands to reason that the government need not vouch for a person it does not consider worthy.”

The Court, agreeing with such argument stated, “In the above background, I do not find any reason to interfere with the course of action adopted by the respondents in this case, as a sequel thereto, the petition of the petitioner is hereby dismissed, along with the connected CMPs.”

CONCLUSION 

The Regional Passport Office intimated the President of the People’ Democratic Party on the 26th of March that the rejection of her application for a passport was based on an “adverse” police verification report.
Such letter further informed Mufti of the Criminal Investigation Department (CID) of the Union Territory who had suggested such Passport Officer to reject her application for such grant of passport to her; and that the former Chief Minister could appeal against such decision at a higher forum as provided by the Ministry of External Affairs (MEA) of the Government of India.

“Passport Office refused to issue my passport based on CID’s report citing it as ‘detrimental’ to the security of India. This is the level of normalcy achieved in Kashmir since Aug 2019 that an ex Chief Minister holding a passport is a threat to the sovereignty of a mighty nation,” Mehbooba Mufti tweeted with regard to such rejection.

WHAT IS YOUR OPINION REGARDING THE DISMISSAL OF GRANT OF PASSPORT TO SUCH EMINENT PERSONALITY? DO LET US KNOW IN THE COMMENTS BELOW OF WHAT SUCH STANCE DEPICTS!