HC notice to GOI on Mirwaiz passport plea

HC notice to GOI on Mirwaiz passport plea

Srinagar: The Jammu and Kashmir High Court on Saturday issued notice to Indian External Affairs and Home ministries besides Regional Passport Officer Srinagar  and the state government, seeking their response to plea by Hurriyat Conference chairman Mirwaiz Umar Farooq for issuance of a passport to him.
A single bench of Justice Ramalingam Sudhakar issued notice to External Affairs ministry and Union Home ministry through their secretaries as also state government through its Principal Secretary Home department and Additional Director General of Police CID.
They have been asked to file objections to the plea within four weeks.
Assistant Solicitor General of India, Tahir Shamsi accepted notice on behalf of Indian government and Additional Advocate General B A Dar for state’s behalf.
Mirwaiz has filed the petition through senior Advocate Z A Shah seeking directions for issuance of travel document in his favour for 10 years.       “Right to travel is constitutional, statutory and natural right. It cannot be denied. But for travel beyond boundaries of a country, passport is required country of origin,” Mirwaiz pleads, saying he is a resident of J&K state.   Mirwaiz also submits that “he was previously granted passport but the same was wrongly issued for a limited period and not for 10 years as is being granted to others”.
He pleaded that “having regard to the constitution of the state as also constitution of India as applicable to the state” he is entitled to and qualifies for holding a regular passport.
“There has to be constitutional and statutory basis for not issuing a passport to a person who has completed all the formalities required under law,” he pleaded, adding, that he satisfies all conditions required for issuance of a regular passport.
Mirwaiz said that while he was granted passport for a period from February 2, 2012 to February 1, 2013, he applied again for grant of passport to Regional Passport Officer here but has not been granted one till date.

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