The Jammu and Kashmir High Court ruled that a person cannot be denied a passport just because their relatives were involved in militancy or anti-national activities. The court stated that decisions should be based only on an individual’s own actions, not their family’s past. This verdict, welcomed by political leaders, is expected to bring relief to many facing similar discrimination.
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SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has given an important decision that a person cannot be denied a passport just because their family members 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,”
-said Justice M A Chowdhary in his order while giving his decision on a petition on Tuesday.
The court made this decision in the case of Mohammad Amir Malik, a diploma holder in engineering. Malik had applied for a passport because he wanted to go abroad to search for a job.
In Jammu and Kashmir, a passport is not issued without clearance from the additional director general of police (ADGP) in the CID department. Malik, who is from Ramban, had to file a petition because his passport application was not approved. The reason given was that his brother was involved in militancy and was killed in 2011.
The court made it clear that a person’s own actions should be the basis for giving or denying a passport, not the actions of their relatives.
“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.
The court ordered the ADGP, CID to submit a fresh 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. After receiving the new report, the passport officer has to decide on Malik’s case within two weeks.
This court ruling was appreciated by political parties like the People’s Conference and the People’s Democratic Party (PDP).
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PDP president Mehbooba Mufti supported the judgment and said,
“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.”
She pointed out that many people in Jammu and Kashmir are waiting for their passport approvals because the CID department has not given clearance.
“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 remotely related to Jamaat-e-Islami party members as well.”
Sajad Lone, the president of the People’s Conference, also praised the decision and said that this ruling will help many people 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.
Lone stressed that a person’s rights should be decided based on their own actions, not their family background.
“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 expressed confidence that this ruling would fix a major flaw in the system and bring much-needed relief to many young people in Jammu and Kashmir.
“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.
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