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| HC directs passport officer to consider doctor's plea afresh | | | Early Times Report
Srinagar, Dec 26: Jammu and Kashmir High Court has directed authorities to consider plea of a doctor afresh, seeking issuance of passport after denial of the same on the basis of his past militancy-related record.
The directions were issued by a single bench of the court comprising Justice Mohammad Yaqoob Mir while hearing a petition filed by one Mohammad Ashraf Mir.
According to the CID, Mir had crossed the Line of Control for arms training in 1989 and had been arrested immediately after his return in 1991. Subsequently Mir had been booked under Public Safety Act for two years.
After his release, Mir had gone to Kazakhstan and completed MBBS from SEMEY State Medical University'.
While practicing in Russia, Mir had contracted marriage with a Russian woman and the couple had two children afterwards.
"After his arrest in 1991, nothing adverse attributable to him has been placed on record. Petitioner had been granted Passport, its validity had been extended from time to time; in the intervening period on the basis of the Passport had gone to Russia where he has spent 10 long years, got married there," the single bench of the court observed.
"The apprehension of respondent authority that on the foreign soil, the petitioner may get engaged in the activities prejudicial to the sovereignty and integrity of the Country or the State is negated by the conduct of the petitioner," the court said, adding, "Human nature is such which sometimes especially in young age gets influenced by the facts, circumstances and the position prevalent.
If in the year 1989 the petitioner deviated from the right path but after the year 1991 has not been shown to be involved in any activity prejudicial to the sovereignty of the country or the state," the court said.
In case Passport Officer would have applied mind to all these facts and circumstances, the court said, he would have taken independent decision.
"At-least Passport Officer should have in the background of the facts and circumstances, if required, asked the police and CID agency as to whether there is anything adverse against (doctor) from the year 1991 till date.
Can't it be termed as non-application of mind on the part of the Passport Officer? Passport Officer has not to act as mouthpiece of the nodal agency," the court said, directed the Passport officer to consider his plea afresh and take decision within six weeks. |
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