Srinagar: The High Court of Jammu & Kashmir and Ladakh ruled on Tuesday that an individual cannot be denied a passport solely because of a relative’s involvement in terrorism.
The court emphasized that the applicant’s personal record should be the determining factor in issuing a passport.
A bench led by Justice M.A. Chowdhary upheld the petition of Muhammad Amir Malik and directed the Additional Director General of Police, CID, to submit a fresh report, independent of the past activities of Malik’s father and late brother, to the Regional Passport Officer within four weeks.
The court further instructed the Passport Officer to review Malik’s application based on this report and issue an appropriate decision within two weeks thereafter.
Malik, a resident of Ramban with a diploma in engineering, had applied for a passport online on September 6, 2021, intending to travel abroad for better career opportunities. His application was pending due to a police verification process.
The CID report submitted in court revealed that Malik’s brother had been associated with the Hizbul Mujahideen and was killed in an encounter with security forces in 2011, while his father was listed as an overground worker (OGW) in official records.
The court underscored that while personal liberty is a fundamental right under Article 21 of the Constitution, this right is not absolute for individuals involved in anti-national activities.
However, it stressed that in Malik’s case, there was no allegation or evidence linking him to any unlawful activity that could threaten national security.
The judgment asserted that authorities would have been justified in rejecting Malik’s passport application had there been any indication of his involvement in activities deemed detrimental to the sovereignty and security of the state.
Since no such allegations existed, the refusal to process his passport based on his family’s past should not stand.
“The decision to grant or deny a passport should be based solely on the applicant’s own conduct, not the actions of their relatives,” the court stated. It held that Malik’s fundamental rights under Article 21 could not be curtailed due to his brother’s past involvement in terrorism.
In response to the ruling, PDP President and former J&K Chief Minister Mehbooba Mufti welcomed the decision. In a post on X (formerly Twitter), she wrote, “The High Court’s ruling, preventing denial of passports to individuals simply because of their familial ties, is a positive step. There are numerous cases stuck in passport offices due to CID clearance delays.
Not only are passports denied, but government job applicants are also rejected solely based on negative CID reports, regardless of whether their militant relatives are alive or deceased. This practice has even been extended to those related to Jamaat-e-Islami members.”
