Srinagar: In a fresh appeal filed by former Chief Minister- Mehbooba Mufti against the recent judgement ‘denying her the passport’, J&K High Court directed her to approach the appropriate authority to avail the proper remedy available under the law.
The court also recorded that the authority concerned should consider and decide the same on its merits, strictly under rules, regulations and the provisions of the Act, that too uninfluenced 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,” the division of Justice Javed Iqbal and Justice Tashi Rabstan said.
The counsel appearing for the appellant Jahangir Iqbal Ganie submitted that the appellant can avail the remedy available to her under the scheme, however, because of the certain observations made by single judge in order/judgment dated 29th of March, 2021, the appellant is left with no other option but to file the present appeal.
It was further submitted by the counsel that the appellant would feel satisfied in the case this appeal is disposed of, by giving liberty to her for approaching the appropriate authority to avail the proper remedy under the Scheme, if the respondents shall consider the same uninfluenced by the observations made in the judgment impugned dated 29th of March, 2021.
“In view of the stand taken by counsel for the parties and with their consensus, this appeal is disposed of by providing liberty to the appellant to approach the appropriate authority to avail the proper remedy available to her under the Scheme,” the division bench said.
Earlier on 29 March, the writ court had denied any relief to Mehbooba Mufti by ruling out that the Court cannot interfere with the course of action adopted by respondents which is governed by law.
Justice Ali Mohammad Magrey had said, “I am of the considered view that no direction can be issued by this Court for issuance of passport in favour of the petitioner. Even otherwise, the scope of this Court in the matter of grants or otherwise of passport in favour of an individual is very limited in as much as the Court, in this behalf, can 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.”
“However, the respondents have already undertaken the said exercise in tune with the mandate of the scheme of law by, firstly, seeking report from the Police/ CID authorities, and, thereafter, passing the order in tune with such recommendations of the police/ CID authorities,” the Court had recorded.
In early March, Mehbooba Mufti had moved before court with a plea seeking issuance of her passport which according to her had been delayed by authorities by more than three months.
She had filed for renewal of her passport on 11 December, 2020 while her earlier passport was valid till 31 may, 2019.