Daughter of Ex-CM of J&K Moves to J&K HC Challenging The Issuance Of A Conditional Passport

Recently, the High Court of Jammu and Kashmir and Ladakh issued a notice in response to a plea filed by Iltija Javed, the daughter of former Jammu and Kashmir Chief Minister, Mehbooba Mufti. The plea challenges the issuance of a conditional passport that imposes limitations on her international travel.

According to the conditions set by the passport authorities, Iltija is only permitted to travel to the United Arab Emirates (UAE) for the purpose of pursuing her higher studies.

Iltija approached the Court to challenge these restrictions and also raised objections regarding the duration of the passport's validity. The passport was issued for a period of 2 years, until April 2025, whereas passports typically have a validity period of 10 years.

Justice Sanjay Dhar, on Friday, issued a notice to the authorities, demanding them to submit their response within a period of two weeks. During the proceedings, the Deputy Solicitor General of India, TM Shamsi, represented the respondents and accepted the notice on their behalf.

 In her petition, Iltija contested an endorsement that was included in the passport issuance order. The endorsement specified that the passport is solely valid for travel to the United Arab Emirates (UAE).

Iltija's legal representative, Senior Advocate Jahangir Iqbal, put forth the argument that imposing conditions on the issuance of Iltija's passport was an arbitrary limitation that infringed upon her constitutional right to travel abroad, as guaranteed by the Constitution of India. The counsel emphasized that restraining Iltija from traveling abroad was not only unlawful but also violated Article 21 of the Indian Constitution.

Furthermore, it was contended that, as per Rule 12 of the Passport Rules, 1980, the duration of a passport should typically be ten years from the date of issue. The counsel urged the court to direct the authorities to grant a passport with a ten-year validity and without any endorsements that restrict her travel.

The case is scheduled to be heard on July 19.