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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A Chowdhary, J
Mohd. Amir Malik S/O Abdul Rahim Malik – Appellant
Versus
Union of India Through Ministry of External Affairs – Respondent
| Table of Content |
|---|
| 1. delay in passport application (Para 1 , 2 , 3 , 4) |
| 2. petitioner's eligibility for passport (Para 5) |
| 3. adverse police verification report (Para 6 , 7 , 8 , 9) |
| 4. grounds for passport denial (Para 10 , 11 , 12) |
| 5. right to travel under article 21 (Para 13 , 14 , 15 , 16) |
| 6. petition allowed (Para 17 , 18) |
JUDGMENT :
1. The petitioner, through the medium of this petition filed under Article 226 of the Constitution of India, seeks a writ of mandamus directing the respondent No. 4-Additional Director General of Police, CID, J&K to submit the report along with its recommendations in the case of the petitioner to the respondent No. 2-Regional Passport Officer, Gandhi Nagar, Jammu without any further delay; with a further direction to the respondent No. 2-Regional Passport Officer, Gandhi Nagar, Jammu to take a decision and pass an appropriate order in the case of the petitioner for grant of passport in his favour.
2. The petitioner, a resident of UT of Jammu and Kashmir, being a diploma holder in Engineering with a desire to go abroad in search of good job as a career applied for issuance of a passport through "on line‟ process under File No. JM2065603398021 dated 06.09.2021
The right to travel abroad is a fundamental right under Article 21, which cannot be denied based on the actions of relatives.
The main legal point established in the judgment is that the court's scope in directing the issuance of passports is limited by the legal mandate, and individuals do not have an absolute right to dem....
The right to travel abroad is a fundamental right, and passport issuance cannot be denied solely based on pending criminal cases without proper legal basis.
A passport cannot be denied based on family associations without adverse evidence against the applicant.
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