Can’t deny passport over role of kin in militancy activities: J&K HC

Allowing a petition filed by Mohammad Amir Malik, 29, a youth of Ramban district, justice MA Chowdhary on Tuesday directed the CID additional director general of police to re-submit verification report of a youth from Ramban district for a passport

The high court (HC) of Jammu & Kashmir and Ladakh held that a passport cannot be denied to a person merely for the involvement of his brother in militancy activities and a person’s activities should form the basis for issuance of passport.

The petitioner apprehended that his case has been deliberately put on hold by the CID on the grounds that his brother Mohammad Ayaz Malik was killed by the security forces in an encounter in a militancy related incident on April 24, 2011. (Getty image)

Allowing a petition filed by Mohammad Amir Malik, 29, a youth of Ramban district, justice MA Chowdhary on Tuesday directed the additional director general of police (ADGP), CID, to re-submit verification report of a youth from Ramban district for a passport.

“The CID ADGP to re-submit the report, uninfluenced by the conduct or activities of the brother of the petitioner as well as his father to regional passport officer (RPO) within four weeks,” justice Chowdhary observed, adding “the RPO shall consider the case of the petitioner on the report of the CID ADGP and pass an appropriate order in favour of the petitioner within two weeks thereafter.”

Justice Chowdhary had reserved his judgement on February 7 and pronounced it on Tuesday.

Mohammad Amir Malik is a resident of Shagan village in tehsil Khari of Ramban district. The petitioner, a resident of UT of Jammu and Kashmir, being a diploma holder in engineering and having a desire to go abroad in search of good job as a career, had applied for issuance of a passport through online process on September 6, 2021.

However, his case was not processed on false grounds. The petitioner was told by the police that verification report submitted by the quarters concerned was not “clear”.

Consequently, the petitioner apprehended that his case has been deliberately put on hold by the CID on the grounds that his brother Mohammad Ayaz Malik was killed by the security forces in an encounter in a militancy related incident on April 24, 2011. Lastly, the petitioner submitted that he was fully eligible for grant of passport, as no adverse report has ever been found against him in any of the police stations. Malik, in his plea, submitted that he intended to go abroad in search of a good job.

Mufti, Lone welcome move

Former J&K chief minister and PDP president Mehbooba Mufti, and Peoples Conference chairman Sajjad Lone welcomed the decision on Wednesday.

Mehbooba Mufti termed the high court’s decision a step towards right direction.

“The 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 J&K. 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,” Mehbooba Mufti wrote on X.

Handwara legislator Sajad Lone said the judgment sets a powerful precedent for thousands facing similar discrimination. National Conference chief spokesman Tanvir Sadiq also welcomed the decision and said it is a very encouraging decision. 

“The J&K high court’s verdict is a significant affirmation of individual rights and justice. Denying a passport to someone based on the actions of their family members is not just unfair but also a violation of fundamental principles of personal liberty. Every citizen must be judged on their own conduct, not held accountable for the past of their relatives. This ruling reinforces the idea that justice must be rooted in fairness and due process. We remain steadfast in our commitment to advocating for the rights, dignity, and constitutional protections of all,” Sadiq said.