ltija Javed Challenges Conditional Passport in Jammu and Kashmir High Court
19-06-2023 : Iltija Javed, the daughter of former Jammu and Kashmir Chief Minister Mehbooba Mufti, has recently taken her case to the High Court of Jammu and Kashmir and Ladakh. She is challenging the issuance of a conditional passport that imposes restrictions on her travel abroad, according to a report by Bar and Bench. The passport authorities have stipulated that she can only travel to the United Arab Emirates (UAE) for the purpose of pursuing higher studies.
Iltija has moved the court to challenge this condition and has also raised objections to the validity period of the passport, which is limited to two years (until April 2025), whereas passports typically have a validity period of ten years. On Friday, Justice Sanjay Dhar issued a notice to the respondent authorities, instructing them to file their response within two weeks. The Deputy Solicitor General of India, TM Shamsi, appeared on behalf of the respondents and accepted the notice.
In her petition, Iltija contests an endorsement added to the passport order, which states that the passport is only valid for travel to the UAE. She argues that the right to travel abroad is inherent in the right to life and liberty, as guaranteed by Article 21 of the Indian Constitution. According to her plea, the expression “personal liberty” in Article 21 includes the right to travel abroad, which can only be curtailed in accordance with the procedure established by law.
Iltija’s counsel, Senior Advocate Jahangir Iqbal, asserts that the decision to impose conditions on her passport issuance is an arbitrary restriction that violates her constitutional right to travel abroad. He argues that the decision to prevent her from traveling abroad is not only illegal but also infringes upon Article 21 of the Indian Constitution. The counsel further argues that, according to Rule 12 of the Passport Rules, 1980, a passport should have a validity period of ten years from the date of issue.
It is contended that the authorities should be directed to issue a passport with a ten-year validity and without any endorsement that restricts her travel. The court is scheduled to hear the matter on July 19.
