MASSARAT MAQBOOL Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(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 further and 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 CID Organization. The respondent No. 2 has further supplemented his reply by filing a supplementary affidavit. It is specifically and categorically averred in the supplementary affidavit that "there is nothing adverse against the petitioner". However, in view of adverse family background, the case of the petitioner was not recommended to the Passport officer for issuance of passport in his favour, as there is every apprehension that the petitioner may establish links at the behest of his mother with the separatist leaders abroad.