Srinagar June 19: The High Court of Jammu and Kashmir and Ladakh has issued notice on a plea by Iltija Javed, daughter of former Jammu and Kashmir Chief Minister, Mehbooba Mufti, challenging the issue of a conditional passport that restricts the scope of her travel abroad.
As per the condition prescribed by the passport authorities, she can only travel to the United Arab Emirates (UAE) and only for the purpose of her higher studies.
Iltija moved the Court challenging the same and also registered objection to the validity period of the passport which was for 2 years (till April 2025), whereas passports generally have a 10-year validity period.
Justice Sanjay Dhar on Friday issued notice to the respondent-authorities and directed them to file their response within two weeks.
Deputy Solicitor General of India, TM Shamsi appeared and accepted the notice on behalf of the respondents.
In her petition, Iltija challenged an endorsement added in the order issuing her passport, which stated that the passport is valid only for travel to the UAE.
“The right to travel abroad inheres in right to life and liberty as guaranteed under Article 21 of the Constitution of India. The expression ‘personal liberty’ in Article 21 of the Constitution of India takes in, the right to travel abroad. This right cannot be curtailed except in accordance with the procedure established by law,” Iltija’s plea stated.
Iltija’s counsel, Senior Advocate Jahangir Iqbal, argued that the decision to impose conditions while issuing Iltija’s passport was an arbitrary restriction that violated her right to travel abroad, which is guaranteed under the Constitution of India.
As such, the decision to restrain Iltija from travelling abroad is not only illegal but violates Article 21 of the Constitution of India, Javed’s counsel told the Court.
He further argued that the duration of a passport ought to be for a period of 10 years from the date of its issue, as per rule 12 of the Passport Rules, 1980.
It was contended that the authorities should be directed to issue a passport with a 10-year validity and without any endorsement restricting her travel.
The matter is slated to be heard on July 19.
