The recent issuance of a notice by the High Court of Jammu and Kashmir and Ladakh has come about due to a plea filed by Iltija Javed, the daughter of former Jammu and Kashmir Chief Minister, Mehbooba Mufti. Iltija is challenging the issuance of a conditional passport that limits her ability to travel abroad.
According to the conditions set by the passport authorities, Iltija is only allowed to travel to the United Arab Emirates (UAE) and solely for the purpose of pursuing her higher studies.
Iltija has approached the court to contest these restrictions and has also raised objections regarding the validity period of the passport. The passport was issued for a duration of two years, until April 2025, whereas passports typically have a validity period of ten years.
Justice Sanjay Dhar has issued a notice to the concerned authorities, instructing them to file their response within two weeks.
During the court proceedings, Deputy Solicitor General of India, TM Shamsi, appeared on behalf of the respondents and acknowledged the notice.
In her petition, Iltija has challenged an endorsement added to the passport, stating that it is valid exclusively for travel to the UAE.
According to Iltija’s plea, “The right to travel abroad inheres in right to life and liberty as guaranteed under Article 21 of the Constitution of India. The expression ‘personal liberty’ in Article 21 of the Constitution of India takes in, the right to travel abroad. This right cannot be curtailed except in accordance with the procedure established by law.”
Iltija’s counsel, Senior Advocate Jahangir Iqbal, argued that the imposition of conditions on Iltija’s passport was an arbitrary restriction that violates her constitutional right to travel abroad. Therefore, the decision to prohibit Iltija from traveling abroad not only lacks legality but also infringes upon Article 21 of the Indian Constitution, as asserted by Javed’s counsel in court.
Furthermore, the counsel contended that as per Rule 12 of the Passport Rules, 1980, the duration of a passport should be ten years from the date of issuance. Thus, they requested the court to direct the authorities to issue a passport with a ten-year validity and without any endorsement restricting her travel.
The next hearing on this matter is scheduled for July 19.
