Srinagar: In the alleged delay of passport to Iltija Javed, the daughter of the former chief minister Mehbooba Mufti, the High Court on Monday issued notices to Ministry of External Affairs, Government of India, and the Additional Director General of Police (ADGP) CID J&K.
The notice was directed to be issued to the concerned authorities of the Ministry of External Affairs including the Regional Passport Office Srinagar by Justice Rajesh Sekhri. The Deputy Solicitor General of India accepted the notice for the duo in the court.
Justice Sekhri also directed union territory attorney representing the Additional AGDP CID to file a response on the matter within two weeks. The case was then listed for further hearing on 18th of the next month.
IltijaJaved had moved the court alleging delay by the Regional Passport Office at Srinagar in issuing her a passport. She said through her lawyer the delay has an effect of imposing restrictions on the rights vested upon her by the Constitution, which guarantees her freedom to travel abroad.
Failing to get her passport “for over eight months” after applying for the same, Mufti’s daughter had filed the petition against the Ministry of External Affairs, New Delhi, the ADGP and Passport Officer before the High Court here.
She petitioned that she require a passport immediately as she intended to apply for obtaining a Master’s degree abroad.
According to her petition “the delay has an effect of imposing restrictions on the rights vested upon her by the Constitution of India, which guarantees her freedom to travel abroad. Right to travel abroad inheres in right to life and liberty as guaranteed under Article 21. This right cannot be curtailed except in accordance with the procedure established by law.”
She also said that restraining her from travelling abroad is “not only illegal but violates with impunity the mandate of Article 21 of the Constitution”.
She also attached her letters written to ADGP and the Passport Officer.
“Your consistent inaction in withholding my passport on arbitrary grounds is a complete violation of my fundamental right and is causing me severe distress. I have been a law-abiding citizen and fail to understand why the process is being misused to deprive me of something I am entitled to as a citizen of this country,” read her letters affixed with the petition.
The petition further submitted that the administrative delay is a facet of arbitrariness and against the rule of law.
“As law does not recognize unfettered discretion, decision on the application of the petitioner cannot be left to the caprice of the respondents,” averred the petitioner IltijaJaved.
