Srinagar: The J&K High Court has directed Additional Director General of Police, CID/CIK, Kashmir to objectively consider passport application of Aisha Mushtaq – minor daughter of Mushtaq Zargar, Pakistan based chief of militant outfit Al Umar.
The court had earlier, in Dec 2017, issued the directions to consider the case objectively. However police and passport authorities had not followed the directions and instead filed a review petition, after a contempt case was initiated against them.
In its latest order, the court gave the CID officer four weeks to take up the case and file a response.
The court also directed Passport officer, Srinagar Bipin Kumar and ADGP CID Abdul Gani Mir to file their responses to the rule framed against them by the same time period.
On 29 December 2017, the court had directed ADGP CID to consider the case of Aisha Mushtaq, daughter of Mushtaq Ahmad Zargar, objectively. As the officers did not comply, on July 25, 2018 J&K High Court framed rule against officers for violating court orders.
In nine months, the officers didn’t file their responses to the rule framed against them but filed review petition and miscellaneous petition (MP) to recall the order passed by high court in contempt petition dated 25 July 2018.
Representing the petitioner, advocate Mian Qayoom took two objections to the maintainability of the review petition and the MP.
He said that given the criminal nature of the contempt proceedings, the court does not have the power to review its orders.
Secondly, he submitted that even if it be assumed that a review petition could lie against the order of the court directing framing of rule against the contemnors, yet the instant review petition and the MP are not maintainable for want of the Advocate’s Certificate required under Rule 51(2) of the High Court Rules.
However, Justice Ali Mohammad Magrey remarked that dismissal or otherwise of the review petition and the MP would not impact the liability of the respondents to implement the judgement.
“The Rule stands already framed against the respondents and they have not filed any response so far to the rule so framed against them,” Justice Magrey said, while adding that the court was not interested in punishing any public authority, but concerned with the implementation of its orders.
He added that the court has found that Additional Director General of Police CID/CIK, Kashmir, has got influenced by the conduct of the relatives of the petitioner and thus has not considered the case of the petitioner in tune with the judgment of the Court dated 29.12.2017 passed in OWP no.134/2014.
“What the Court simply wants is that the case of the petitioner be considered in light of directions passed. If it is the case of the respondents that on the basis of the conduct and activities of the relatives of any person, the guidelines framed by the Government in terms of Government circular no.01/2014 dated 28.08.2014 disentitle the person from a positive verification report, let them take such a stand in response to the Rule so that petitioner takes recourse to an appropriate remedy,” the court held.
Stating that the decision on review petitions would be taken together with the main contempt petition and the Robkar already framed, Justice Margrey gave “a further opportunity” to ADGP CID to reconsider the case of the petitioner and file response within four weeks.
“By the same period, the respondents shall file their respective responses to the Rule framed against them,” the court directed.