It is almost a month after the Jammu and Kashmir and Ladakh High Court had given instructions to the Passport Authority in Srinagar for considering the former J&K Chief Minister Mehbooba Mufti’s mother’s application for re-issuance of passport afresh that she has re approached the court.
The fresh passport was issued to her mother but now her Daughter, Iltija Mufti has now approached the court seeking a similar relief.
The daughter of the Ex Chief minister in her plea filed through M/s Jahangir Ganai Law Associates, has submitted that her passport expired on 02/01/2023 and as the format,she applied for its re-issuance even before its expiry.The contention is that the status of her passport application is still under review at Regional Passport Office, which is on gross violation with Instruction Manual which prescribes for dispatching a passport within approximately 30 days.
The applicant(Ms Iltija ) has asked on the inaction on part of the respondents on the matter.
Iltija has also submitted that the administrative delay is 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, she has averred in her plea.
The applicant has said that the delay in issuing a Passport in her favour is an act which is not inconformity with the constitutional mandate and the provisions of Passport Act.
Iltija has stated that the delay in issuing Passport in favour of the Petitioner shows restrictions on her rights, vested upon her by the Constitution of India, which guarantees her freedom to travel abroad.
Iltija has asked the court for direction to the respondents to issue a Passport in her favour.
A request has also been made to declare the action of the respondents in not issuing the passport and restraining her from travelling abroad as illegal and unconstitutional
She said this was violative of her fundamental rights to travel abroad as guaranteed under Article 21 of the Constitution of India.