Daughter of Mehbooba Mufti, Iltija Javed moves J&K High Court over delay in issuance of passport

Iltija Javed, daughter of former Jammu and Kashmir Chief Minister Mehbooba Mufti, moved the High Court of Jammu & Kashmir and Ladakh on Thursday alleging delay by the Regional Passport Officer at Srinagar in issuing her a passport [Iltija Javed V/s Union of India and Ors.]..She submitted that she requires passport for travelling abroad to pursue her Masters education in sustainable development. .She, therefore, urged the High Court to direct the Regional Passport Officer to issue her the passport, apart from declaring the delay and inaction in the matter as unconstitutional. .Javed submitted that while she applied for passport renewal in June 2022, the Passport Officer was yet to issue her the passport. She further highlighted that according to an instruction manual, the passport ought to have been issued within approximately 30 days. As per the plea, Iltija was issued a passport which was valid till January 2, 2023. As it was due to expire, she applied for the re-issuance of her passport before the passport officer, Srinagar. Initially, the status of the application was shown as "pending for physical police verification".Thereafter, she filed a representation before the CID office, Srinagar and her police verification report was sent. At this stage, the application status was shown as being "under review at regional passport office", as per the petition.However, since no passport was issued even after this and till date, Javed moved the High Court for relief.The delay in issuing the passport has affected her personal liberty, which includes the right to travel, Javed contended."The whims and caprices of an authority have no role to play in it. The passport is required immediately by the Petitioner as she intends to apply for obtaining a Masters Degree in Sustainable Development from outside the country. In this view of the matter, the delay occasioned in issuing the Passport in favour of the Petitioner and thereto in restraining the Petitioner from travelling abroad is not only illegal but violates with impunity the mandate of Article 21 of the Constitution of India", the petition stated..The Passport Officer's inaction and delay in the matter is not countenanced by law and ought to be declared unconstitutional, Javed submitted further. Such administrative delay is a "facet of arbitrariness" as the law does not confer unfettered discretion in the matter not can it be left to the caprice of the passport officer, the petition added. ."The petitioner has a right to hold a passport in terms of the mandate of Article 21 of the Constitution of India. 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," the petition stated further. .Javed also contended that the regional passport officer's inaction and delay runs contrary to the Supreme Court's judgment in Satwant Singh Sawhney v. D Ramarathnam and Maneka Gandhi v. Union of India, which concerned the right to travel and hold a passport..The plea was filed through M/s Jahangir Ganai Law Associates and settled by Senior Advocate Jahangir Iqbal Ganai.