The Jammu & Kashmir and Ladakh High Court has issued a notice on a petition filed by Iltija Javed, daughter of former Chief Minister Mehbooba Mufti, challenging the conditions imposed on her passport that restrict her travel abroad.
The conditional passport, valid for two years and limited to travel to the United Arab Emirates (UAE) for higher studies, has been contested by Iltija through her legal representatives at M/s Jahangir Iqbal Ganai Law Associates.
In her plea, Iltija argues that the decision to issue her a country-specific passport with a restricted duration lacks reasonableness and fairness, which are crucial aspects in determining an individual's rights. She expresses her dissatisfaction with the "Top Secret" adverse report submitted against her by the Criminal Investigation Department (CID), J&K, under the Official Secrets Act to the Passport Officer.
According to Iltija's petition, the issuance of a two-year passport without providing written reasons violates Section 7 of the Passport Act and Rule 12 of the Passport Rules, 1980. She contends that the absence of reasons renders the decision non-sustainable and denies justice.
Furthermore, Iltija claims that the passport authority should provide a brief statement of reasons under Section 5(3) of the Passport Act when endorsing certain countries and refusing endorsements for others. Despite her requests, the respondent authorities have failed to provide her with any reasons.
Iltija asserts that the remedy of appeal under Section 11 of the Passport Act is ineffective and lacks jurisdiction to address the constitutionality and legality of the report challenged in the writ petition. In light of this, she invokes the writ jurisdiction of the High Court.
Based on these grounds, Iltija seeks a declaration that the validity period and endorsement restrictions on her passport are unconstitutional, violating her fundamental right to travel under Article 21 of the Constitution of India. She also requests a direction to the Passport Officer to treat her passport as valid until April 2033, without any travel restrictions.
Justice Sanjay Dhar, after hearing the arguments presented by Senior Advocate Jahangir Iqbal Ganai representing Iltija, issued a notice to the respondent authorities and directed them to file their response within two weeks. The case is scheduled for further hearing on July 19.
The legal battle surrounding Iltija Javed's passport conditions continues as she challenges the restrictions imposed on her travel rights, asserting her fundamental right to travel abroad.
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