SHAKEELA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Through the medium of the instant petition filed under provisions of Article 226 of the Constitution of India, petitioner has sought the issuance of writ/direction in the nature of mandamus for commanding the respondents to renew her passport bearing No. K0168736 in accordance with the law so as to enable her to accompany her ailing husband for going abroad in connection with his medical treatment.

(2.) Briefly put the facts of the petitioner's case are that she is a permanent resident/domicile of the UT of J&K, and a citizen of India, entitled to enforce her fundamental, legal and other statutory rights. That respondent No. 2 issued a passport in her favour bearing No. K0168736 in the year 2013 valid for a period of 10 years upto 3/1/2023. That unfortunately, she came to be falsely and frivolously implicated in a case FIR bearing No. RC0042013A0006 dtd. 18/7/2013 registered with Police Station Sr. No.82 CBI (ACB) Jammu, as a co-accused arising out of a civil dispute regarding the bank loan. That after the expiry of the validity of the passport, she approached the respondents with the request for renewal of the same but subsequently she was conveyed that same could not be renewed because of the pendency of a criminal case against her. That earlier her passport was impounded by the Investigating Agency in the said case FIR which was subsequently released in her favour under a direction issued by this Court vide order dtd. 9/3/2018 passed in OWP No. 466/2018. That her fundamental rights guaranteed under the Constitution stand denied to her on account of the non-renewal of her passport.

(3.) In the facts and circumstances of the case, the matter with the consent of the learned counsel for the parties is taken up for final disposal.