The petition states that according to the status tracker of their application, the police verification report has not been sent to the passport officer till date, though the deadline for it has expired.
Mehbooba Mufti , the former chief minister of jammu and kashmir and the president of the peoples democratic party (PDP) , has moved the government and police officials to issue passports to her (mehbooba mufti v. india and ors.) is demanded.
The mufti has claimed that the right to travel abroad is an aspect of the right to travel abroad is an aspect of the right to life under article 21 of the constitution and cannot be discontinued as per the procedure established by law.
The petition filed through M/S jahangir stated , “it is not only illegal in the case of delay in issuing passports in favor of the petitioner and banning the petitioner from travelling abroad, but it is illegal.” Ganai law associates states.
In his petition, mufti has sought directions from the high court to the central government and other officials concerned for issuing passports allegedly denied him for police verification.
According to the petition, mufti’s passport expired on may31, 2019.
Therefore an application was made for the renewal of the passport, which was recived on december11, 2020, on the passport officer’s file.
On receipt of the application, complete in all respects, the passport officer demanded police verification from additional director general of police (ADGP) and senior superintendent of police (SSP), district Srinagar.
As the police verification did not take place for a full month, he submitted a representation to the SSP stating that as per the central government guidelines, police verification is to be completed within 21 days.
The representation, mufti claimed in her petition, was obtained by the SSP on 13february.
“Inaction on behalf of ADGP and SSP is not forwarded to police for police verification, it is not counted by law. It is submitted here that administrative delay is arbitrary and against the rule of law the submission of a police verification report cannot be left to the discretion of the authority alone”, mufti submitted.
The petition states that as per the status of their application, the police verification report has not been sent to the passport officer till date.
The delay in issuing passports has the effect of banning the fundamental rights of the mufti and is not in conformity with the constitutional mandate and the provisions of the passport act.
“It is necessary to state here that the right to travel abroad is inherited for life and liberty as a guarantee under article 21 of the constitution of India. The expression in article 21 of the constitution of india is the right to, personal liberty”. The petition stated that this right cannot be discontinued as per the procedure established by law. The authority’s whims and caprices have no role in it.