Mehbooba Mufti's Plea For Issuance Of Passport- "Take Decision Uninfluenced By Single Bench Observations": J&K High Court [DB] To Passport Authority

The bench of Justice Javed Iqbal Wani and Justice Tashi Rabstan, however, gave her the liberty to approach the appropriate authority for remedy available regarding her passport application.

Mehbooba Mufti's (@MehboobaMufti) Plea For Issuance Of Passport: Jammu and Kashmir High Court [DB] disposes of her appeal against Single Bench ruling.

Liberty has been given to Mufti to approach the appropriate authority for remedy. pic.twitter.com/1nJL6752Ne

— Live Law (@LiveLawIndia) April 10, 2021

Single bench order

It may be noted that on Monday (29th March), the High Court had dismissed Mufti's plea seeking issuance of passport to her.

Noting that the Court's scope in the matter of grant or otherwise of passport (in favor of an individual) was very limited, the Bench of Justice Ali Mohammad Magrey had observed,

"The Court could only direct the concerned authorities to expeditiously consider the case of an individual in the light of the mandate of the scheme of law governing the subject."

Facts in brief

It was contended that Mufti had submitted an application for issuance of a passport in her favour before respondent No.4 i.e., the Passport Officer, Regional Passport Office, Srinagar.

However, despite a lapse of several months, the request of the appellant was not acceded to by the aforesaid passport authority, which forced the appellant to file a writ petition before the Single Bench, which was however, dismissed.

Challenging the same, she filed an appeal before the Division Bench questioning order impugned dated 29th of March, 2021 on the strength of the grounds taken therein.

Court's order

The senior counsel representing Mufti submitted before the Court that he would feel satisfied in case the appeal was, disposed of, by giving her the liberty to approach the appropriate authority to avail the proper remedy under the Scheme and further, direction e given to authorities to not get influenced by the Single Bench ruling.

In view of the stand taken by learned counsel for the parties and with their consensus, the Court disposed of the appeal by providing her the liberty to approach the appropriate authority to avail the proper remedy available to her under the Scheme.

The Court also directed,

"On receipt of the appeal, the authority concerned shall 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 judgment impugned dated 29th of March, 2021. Needless to state that this Court has not expressed any opinion on the merits of the case."

Case title - Mehbooba Mufti v. Union of India and Others [LPA No.50/2021 CM No.2017/2021 Caveat No.494/2021]

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