Mehbooba Mufti's Daughter Iltija Approaches JKL High Court Over Delay In Issuance Of Passport

In her plea filed through M/s Jahangir Ganai Law Associates, Iltija has submitted that her passport expired on 02/01/2023 and while she had applied for its re-issuance even before its expiry, the status of her passport application is still under review at Regional Passport Office, which is clearly in conflict with the Instruction Manual which prescribes for dispatching a passport within approximately 30 days. 

Questioning the inaction on part of the respondents on the matter, Iltija has further submitted that the administrative delay is a facet of arbitrariness and against the rule of law. As Law does not recognize unfettered discretion, decision on the application of the petitioner cannot be left to the caprice of the respondents, she has averred in her plea.

Further submitting that the delay in issuing a Passport in her favour is an act which is not inconformity with the constitutional mandate and the provisions of Passport Act, Iltija has stated that the delay occasioned in issuing the Passport in favour of the Petitioner has an effect of imposing restrictions on her rights, vested upon her by the Constitution of India, which guarantees her freedom to travel abroad.

Seeking indulgence of the court in the matter, Iltija has sought a direction to the respondents to issue a Passport in her favour. A prayer has also been made to declare the action of the respondents in not issuing the passport and restraining her from travelling abroad as illegal and unconstitutional and violative of her fundamental rights to travel abroad as guaranteed under Article 21 of the Constitution of India.

Case Title: Ms Iltija Mufti Vs Union of India

Counsel For Petitioner: Sr Adv Jahangir Iqbal Ganai