HC Miffed At Denial Of Passport To Mushtaq Zargar’s Daughter

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Asks ADGP CID, Passport Officer To Reply Why They Shouldn’t Be Punished For Contempt

SRINAGAR — The J&K High Court on Thursday asked Additional Director General of Police, CID/CIK Kashmir and Passport Officer Srinagar to answer why they shall not be punished for contempt of court for violating its orders by not issuing travel documents to minor daughter of Mushtaq Zargar alias Latram.

 Zargar was one of the three militants released on 31 December 1999 by the Government of India in exchange for the passengers of the hijacked aircraft (IC 814) at Kandahar in Afghanistan.

A bench of Justice Ali Mohammad Magrey said that prima facie the CID officer and passport officer have been found violating court orders and therefore there is no other option but to issue rule against them.

The court directed Registrar Judicial to issue rule against them to answer as to why they shouldn’t not be punished for committing contempt of court. 

“After issuance of the rule, the respondents shall file their reply to the show cause notice within a period of four weeks,” the court ordered.

It said that perusal of the fresh report reveals that the CID officer has got influenced by the conduct of the mother of the petitioner and her other relatives thereby ignoring the mandate of the judgment passed by J&K court on 29 December,2017. The passport officer has also not applied his mind and has totally relied on the opinion of the CID officer.

On 29 December 2017 court had directed Additional DGP, CID to consider the case of petitioner, a minor girl objectively.

The court had directed the officer to take the case of the minor keeping in mind the petitioner’s conduct not by the conduct or activities of his father.

The court had also directed the CID officer to make an appropriate report in light of girl’s conduct and submit the same to passport officer Srinagar.

The court had directed the CID officer to hear the girl through her mother while framing any opinion. Also it was directed in the order that if there was any untoward report against her, it shall be disclosed to her.

On 6 June this year, Additional, DGP CID was directed to submit compliance report of judgment dated 29 December, 2017 but no compliance was submitted neither the Judgment was challenged by the authorities.

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