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Jammu & Kashmir High Court - Srinagar Bench

Mehbooba Mufti vs Union Of India & Ors on 8 March, 2021

Author: Ali Mohammad Magrey

Bench: Ali Mohammad Magrey

                                                                    Serial No. 143
                                                            SUPPLEMENTARY 1 CAUSELIST



              HIGH COURT OF JAMMU AND KASHMIR
                        AT SRINAGAR
                                                           WP (C) No. 382/2021
                                                             CM No. 1215/2021
Mehbooba Mufti.
                                                                   .....Petitioner(s)
                          Majid




                          Through: Mr Jahangir Iqbal Ganai, Senior Advocate with
                                   Ms Humaira Shafi, Advocate.

                                       vs

Union of India & Ors.
                                                                 .....Respondent(s)

                          Through: Mr T.M. Shamsi, ASGI for R-1 and 4.
                                     Mr B. A. Dar, Sr AAG for R-2, 3 and 5.
CORAM:

             Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
                                  ORDER

08.03.2021 The petitioner's passport issued under No. D1101987 was, got expired on 31st of May, therefore, applied for issuance of passport before the Respondent No. 4, against proper receipt on 11 th of December, 2020 under File No. SG1065057682420.

Mr Jahangir Iqbal Ganai, learned senior counsel submits that as per circular instructions issued Ministry of External Affairs Government of India, the passport of an individual is to be issued within 30 days but in the instant case, despite lapse of three months, passport has not been issued to the petitioner. Mr Jahangir Iqbal, learned senior counsel further submits that the petitioner while availing the tracking facility on the Passport Officer's website, came to know about the status of the passport as "Pending for physical verification at respective Thana under SP office, District Srinagar." He further submits that the petitioner approached the Respondent No. 5/Sr. Superintendent of Police, on 13th of February, 2021, with the request to forward the police report to the passport office but till date, the status of the passport of the petitioner on the available portal of the passport office shows same status, therefore, the petitioner had no option but to approach this Court for the reliefs as claimed in the writ petition When asked, Mr T.M. Shamsi, learned ASGI submits that the Respondent No. 4-Passport Officer, Srinagar, has already sought information from the Additional Director General of Police (CID), J&K, vide communication No. POSK/Court/2021 (77&78)/100-02 dated 3rd of March, 2021. Copy of communication so produced by Mr T.M. Shamsi, learned ASGI is taken on record.

Notice in the main petition as well as in connected CM. Mr T.M. Shamsi, learned ASGI waives notice on behalf of Respondents 1 and 4. Mr B.A. Dar, learned Sr AAG waives notice on behalf of Respondents 2, 3 and 5.

Reply/objections within a period of two weeks. List on 23rd of March, 2021.

It is made clear the pendency of writ petition shall not form any impediment for the police agency to expedite the verification.

(Ali Mohammad Magrey) Judge SRINAGAR:

08.03.2021 "Hamid"