Excelsior Correspondent
Srinagar, Apr 3: High Court today said that withholding the passport of petitioners is unjustified and unwarranted and directed the authorities to grant extension or renewal of their passport under rules governing the field.
Petitioners through the medium of the instant writ petition were seeking direction upon the authorities for issuance of full term passport in place of one year, however the authorities denied the same on the ground that one of the relatives of petitioner and other family members had ex-filtrated to PoK in the year 2004 and did not return back till date as such their passport for full term cannot be recommended in view of passport policy.
Justice MK Hanjura while allowing the petition of Abdul Samad Wani and his family members said the report sent by the respondent State to the Passport Officer is unjustified, besides being unwarranted, adding the report sent against the petitioners is not supported by any material/evidence of any type whatsoever that would suggest or warrant declination in issuance of the passport.
“The refusal of the passport or extension thereof by the Passport Officer on the foundation of the report submitted by the respondent State, cannot, in that view of the matter, sustain and is unjustified, as such”, court said.
Court decided the writ petition with the direction to concerned respondents to grant extension or renewal in the term of the passport of the petitioners for the period sought for by them, of course, as stipulated under Rule 12 of the Passports Rules, 1980 and/or any other rules/regulations governing the field.
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