Massarat Maqbool (Dr.) v. State of J. and K. and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(Online)(J&K) 14

JAMMU AND KASHMIR HIGH COURT
Mansoor Ahmad Mir, J.
Massarat Maqbool (Dr.) v. State of J. and K. and Others

Table of Content
1. petitioner's request for a passport due to professional needs. (Para 1 , 2)
2. determination of the legal grounds for denying passport based on familial ties. (Para 3 , 4)
3. citations reinforce the right to travel without adverse claims. (Para 5 , 6)
4. court directs consideration of passport issuance. (Para 7)

1. Petitioner is seeking a writ of mandamus commanding the respondents to consider his case for issuance of a passport.

2. It is averred by the petitioner that he is doctor by profession and in order to improve his studies furthered seek employment abroad, he applied for issuance of passport to the respondents, which has been refused to him for none of his faults. He is a law abiding citizen and has not indulged in any activity, allegedly prejudicial to the security of the State and is also not involved in any criminal case, but despite that, respondents failed to issue him a passport.

3. Reply stand filed on behalf of respondents. Respondents 1 to 3 have opposed the prayer of the petitioner on the sole ground that his mother a Chairperson of a Separatist Organization viz. Mass Movement and due to her militancy background, she is indexed in the records of the C

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