Excelsior Correspondent
Srinagar, May 6: The High Court today issued notice to authorities on withholding the passport of Huriyat chairman (M) Mirwaiz Umar Farooq and directed them to file the response to the petition within two weeks.
Justice Ramalingam Sudhakar after hearing counsel for petitioner Senior Advocate Z A Shah admitted the petition at the very threshold and directed the Union Counsel as well as State Counsel to file their response to the petition within two weeks.
Court issued notice to Union Home Ministry through its Secretary, Ministry of External Affairs, Principal Secretary to Home Department, Passport Officer Srinagar and Additional Director General of Police (CID) Jammu for filing their response within stipulated period.
Petitioner is seeking direction for issuance of regular passport to enable him to travel validly for a period of 10 years in the first instance.
It is stated that despite series of communication to competent authority for discharging its legal obligations and do justice but the petitioner has not been granted passport till date and thus, he is seriously prejudiced by the inaction on part of the authorities.
He further added that his case for passport is selectively discriminated despite the petitioner satisfied all conditions and completed all the formalities required under law relating to the issuance of passport but he has not been communicated any reason for withholding the passport. “In case the competent authority decides not to issue the passport, such decision has to be within four corners of law and cannot be arbitrary or unreasonable”, read the petition.
The petition said that Passport Officer Srinagar was under Constitution and law supposed to grant passport to the petitioner but instead he is depending on the decision of other authorities and in that case he (Passport Officer Srinagar), the petitioner says, is alone accountable for this.
“It is the duty of the respondent-4 as a statutory authority to take decision under law and inform the petitioner about the grant or refusal of passport so as to enable him (petitioner) to work out the remedy”, petition read.
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