Srinagar: Jammu and Kashmir High Court has asked Mehbooba Mufti to avail remedy under the law even as it disposed of the former Chief Minister of the erstwhile state of JK and PDP President’s plea challenging the dismissal of her petition for a passport last week.
Mehbooba had challenged the dismissal of her plea last week by the high court’s single bench after Addl Director General of Police, J&K-CID report that police “do not favour issuance of passport” to her.
“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 (Mehbooba) to approach the appropriate authority to avail the proper remedy available to her under the Scheme,” a division of Justices Tashi Rabsatn and Javed Iqbal Wani said.
“On receipt of the appeal, the authority concerned shall consider and decide the same on its merits, strictly under rules, regulations and the provisions of the Act, that too un-influenced by the observations made in the judgment impugned dated 29th of March, 2021,” the court said, adding, “Needless to state that this Court has not expressed any opinion on the merits of the case.”
Mehbooba has the remedy of appeal to Joint Secretary (PSP) and Chief Passport Officer, Ministry of External Affairs, Patiala House, New Delhi against the refusal order made by the passport officer within (30) days from the date of receipt of the order under Section 11 of the Passports Act, 1967, being the appellate authority under the law.
Earlier, Mehooba’s lawyer and senior counsel Jahangir Iqbal Ganie submitted that she can avail the remedy available to her under the Scheme, however because of the certain observations made by the Single Judge in order on March 24, she was left with no other option but to file the appeal.
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