HC pulls up officials for denying passport to militant’s daughter

HC pulls up officials for denying passport to militant’s daughter
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Issues ‘rule’ against ADG CID, Passport Officer in contempt petition

Srinagar: The J&K High Court Thursday asked Additional Director General of Police, CID/CIK, Kashmir and Passport Officer Srinagar to answer they should not be held for contempt for not issuing passport to a minor girl despite court directions.
Hearing a contempt petition, the court held that, prima facie, the CID officer Abdul Gani Mir and passport officer Bipin Kumar have been found violating court orders.
On 29 December 2017, the court had directed Additional DGP, CID to consider the case of Aisha Mushtaq, daughter of Mushtaq Ahmad Zargar, objectively.
Zargar, based in Pakistan, is the commander of a banned militant outfit, Al Umar The court of Justice Ali Mohammad Magrey directed Registrar Judicial to issue “rule” against the officials to answer as to why they shouldn’t not be punished for committing contempt of court.
“After issuance of the rule, the respondents shall file their reply to the show cause notice within a period of four weeks,” Justice Magrey ordered.
The court remarked that perusal of the fresh report reveals that the CID officer has got influenced by the conduct of the mother of the petitioner and her other relatives thereby ignoring the mandate of the judgement passed by the court on 29 December 2017. “The passport officer has also not applied his mind and has totally relied on the opinion of the CID officer.”
The court had directed the passport officer to take the case of the petitioner keeping in mind the petitioner’s conduct not by the conduct or activities of his father.
The court had also directed the CID officer to make an appropriate report in light of petitioner’s conduct and submit the same to passport officer Srinagar.
The judgement had also directed the CID officer to hear the petitioner through her mother while framing any opinion. It was also directed that if there was any untoward report against the petitioner; it shall be disclosed before her.
On 6 June 2018 Additional, DGP CID was directed to submit compliance report of the order but no compliance was submitted before court and neither the Judgement of the court was challenged by the respondents.
Meanwhile court pointed out that there is no allegation of disobedience against Principal Secretary to Govt, Raj Kumar Goyal who has been “unnecessarily arrayed as respondent no.1 which needs to be deleted”.