Excelsior Correspondent
SRINAGAR, Apr 9: The High Court while deciding the appeal of former Chief Minister and People’s Democratic Party president Mehbooba Mufti seeking issuance of passport asked her to approach the appropriate authority with the direction to the said authority to decide her claim for passport in tune with the rules and regulations.
The appeal preferred by the Mufti was against the judgment passed by writ court whereby her plea was dismissed citing that there is no reason to interfere with the course of action as adopted by the authorities submitting the police verification report (PVR).
Appellant Mehbooba as per the submissions of Government counsel has the remedy of appeal to Joint Secretary (PSP) and Chief Passport Officer, Ministry of External Affairs, Patiala House, New Delhi against the refusal order made by the Passport Officer within 30 days from the date of receipt of the order under Section 11 of the Passports Act, 1967, being the appellate Authority under the said Act.
Senior counsel Jahangir Iqbal Ganie at the very outset submitted before the DB that the appellant can avail the remedy available to her under the Scheme. However, because of the certain observations made by the Single Judge, the appellant was left with no other option but to file the present appeal.
He submitted that the appellant would feel satisfied in case the appeal is, disposed of, by giving liberty to her for approaching the appropriate authority to avail the proper remedy under the Scheme, if the respondents shall consider the same un-influenced by the observations made in the judgment impugned dated 29th of March, 2021.
The authorities have already undertaken the 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.
“…this appeal is, disposed of, by providing liberty to Mehbooba to approach the appropriate authority to avail the proper remedy available to her under the Scheme”, Division Bench of Justice Tashi Rabstan and Justice Javed Iqbal Wani said while disposing of the appeal.
Court on receipt of the appeal by the concerned authority, directed the said authority to consider and decide the same on its merits, strictly under rules, regulations and the provisions of the Act, that too un-influenced by the observations made in the writ court judgment.
The Additional Director General of Police, J&K-CID in its PVR submitted before the writ court has stated that it do not favour issuance of passport in favour of applicant-Mufti and returned as “not recommended passport case”, vide No. CID/Final/21/017558- 017559 dated 18th of March, 2021.
The DB while closing the appeal of mother of Mufti also asked her to approach the concerned authority for issuance of passport in her favour. Her petition was also dismissed by the writ court by giving the reason that course of action as adopted by the authorities submitting the police verification report (PVR) is against her as such no interfere warrants by the court.
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