Srinagar, Dec 31: Jammu & Kashmir and Ladakh High Court on Saturday directed the government to initiate the fresh process of issuance of passport to former chief minister Mehbooba Mufti’s mother and wife of former Union Home Minister and two-time Chief Minister J&K, late Mufti Mohammed Sayeed, Gulshan Nazir.
The single bench of Justice MA Choudhary set aside the order of the regional passport office denying issuance of passport to Gulshan Nazir and asked the concerned Passport Officer to consider the entire matter afresh and pass orders within six weeks.
Justice M.A Chowdhary termed the grounds of rejection as “untenable and unsustainable” in the eyes of law besides terming the rejection as “non-application of mind” by the Passport officer.
The bench noted that it appears that the Passport Officer had acted on the forwarding letter of CID, instead of analyzing its report in detail.
Justice Choudhary underscored that the report has exhaustively dealt with regard to petitioner’s daughter, Mehbooba Mufti, making references to her “ideology and activities” which were termed as “risk to the security of India”, however, there is no mention with regard to the petitioner in the report in question, on the basis of which recommendation was not made to re-issue Passport in favour of the petitioner and the Passport Officer refused to issue the same for the reason of “security”.
The bench noted that nothing adverse has been recorded against the petitioner, with regard to any security concerns. “The only aspect with regard to the petitioner is the reference of investigation by two agencies; Enforcement Directorate and CID CIK with regard to some of the transactions regarding some bank accounts maintained by the petitioner either separately or jointly with Ms. Mehbooba Mufti,” the court said.
Single bench recorded that the Passport Officer has not to act as “mouthpiece” of the CID (nodal agency). “When an authority is vested with the power, the same is to be exercised judiciously and not arbitrarily as has been done in the instant case,” the bench said.
The court pointed out that simply on the basis of the report of the J&K CID, which did not recommend issuing passport, the Passport Officer under the provisions of Passport Act has not to “shut his eyes” and to act on that.
Allowing the plea of Gulshan Nazir, the court said that the appellate authority also seems not to have perused the PVR and upheld the order of the Passport Officer, on the wrong premise of “security” without any foundation.
The bench held that the petitioner in absence of any adverse security report, cannot be deprived of her fundamental right guaranteed to her under Article 21 of the Constitution of India, to travel abroad as an Indian citizen.
Gulshan had challenged the order passed by Joint Secretary, PSP and Chief Passport Officer, New Delhi on August 4, 2022 and a communication issued by Passport Officer Srinagar on March 26, 2021 wherein the petitioner was refused issuance of passport on the ground that the provisions of Section 6(2) (c) of the Passport Act, 1967 were attracted in her case.
