Srinagar, Feb 12: The High Court of Jammu and Kashmir and Ladakh has ruled that a person cannot be denied a passport merely because his relatives were involved in anti-national activities.
“This court is of the considered opinion that there is no reason to not recommend the case of the petitioner for issuance of passport just for the involvement of his brother in militancy activities in the year 2011, when he was killed, and the listing of his father as an OGW (overground worker of a terror outfit) for grant of passport in his favour,” Justice M A Chowdhary said in his order while disposing of a petition on Tuesday.
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The court allowed the petition filed by Mohammad Amir Malik, a diploma holder in engineering who had applied for the issuance of a passport for travelling abroad to search for a job.
The passport-issuing authority cannot issue travel documents without a clearance from the additional director general of police (ADGP) in the CID.
Malik, a resident of Ramban, filed the petition as the CID headquarters did not give a clearance for the issuance of his passport for his slain brother’s militancy links.
“It should have been the activities of the petitioner, which should have formed the basis either for permitting or rejecting the request for issuance of a passport in his favour. The basis for not recommending the case of the petitioner for the issuance of a passport does not have any reasonable relation or nexus with the activities of the petitioner, as the same does not even remotely connect the petitioner with any activity which could be termed as prejudicial to the security, sovereignty and integrity of the state or the country,” the bench observed.
It directed the ADGP, CID to re-submit the report, “uninfluenced by the conduct or activities of the brother of the petitioner as well as his father”, to the regional passport officer within four weeks and said the latter shall consider the petitioner’s case on the ADGP’s report and pass an appropriate order in his favour within two weeks thereafter.
The court order was welcomed by the People’s Conference and the People’s Democratic Party (PDP).
“The honourable High Court’s decision of not denying a passport to an individual for merely being related to a militant is certainly a step in the right direction. Given how even the basic fundamental right to travel is being weaponised brutally since 2019 in Jammu and Kashmir,” PDP president Mehbooba Mufti said in a post on X.
“There are countless cases pending in passport offices awaiting clearance from the CID department. Not only are passports denied to such individuals but also journalists, students and also job seekers who despite fulfilling the pre requisites for government positions are also denied jobs only because of a negative report given by CID. The status of the related militant — whether dead or alive — seems irrelevant. Unfortunately this policy has even been extended to individuals even remote related to Jamaat-e-Islami party members as well,” the former Jammu and Kashmir chief minister said.
People’s Conference president Sajad Lone said the verdict sets a powerful precedent for thousands facing similar discrimination.
“I feel optimistic that a comprehensive ruling along these lines will soon be issued in response to our party’s petition,” he said.
Welcoming the court’s decision, Lone reaffirmed that an individual’s rights must be determined solely by their own actions, not by the circumstances of their relatives.
“This should have happened much earlier, but better late than never. I am hopeful that this ruling will be extended across Jammu and Kashmir and that our petition will be addressed at the earliest to ensure uniform application,” he said.
Lone expressed confidence that the ruling would rectify systemic flaws and provide long-overdue relief, particularly to the youngsters of Jammu and Kashmir, who have often been subjected to unwarranted restrictions.
“If the effect of this judgment is extended across Jammu and Kashmir, it will help ensure that our youth are not unfairly penalised and that they are given the same opportunities as their peers in the rest of the country,” he added.–(PTI)
