Srinagar, Feb 12: In a landmark judgment, the High Court of Jammu and Kashmir and Ladakh has ruled that an individual should not be denied a passport solely because of the involvement of their family members in terrorism-related activities.
The ruling came after a petition filed by Mohammad Amir Malik, a resident of Ramban, who sought a passport to pursue career opportunities abroad. The court’s decision is being hailed as a step toward justice for individuals whose lives have been affected by the actions of their relatives.
Malik, a diploma holder in engineering, applied for a passport on September 6, 2021, but his application was put on hold due to the police verification process. The delay was attributed to the fact that Malik’s brother had been a member of the Hizbul Mujahideen, a terrorist group, and was killed in an encounter with security forces in 2011.
Additionally, Malik’s father was allegedly listed as an overground worker (OGW) in the security forces’ records. Despite this, Malik himself had no involvement in any criminal or subversive activities.
The Additional Director General of Police (ADGP), CID, presented a report stating that Malik’s brother and father were involved in terrorism. The report was used to justify the delay in issuing Malik’s passport. However, the court ruled that such factors should not affect the individual’s rights, especially if the person is not personally involved in any criminal activity.
Justice M. A. Chowdhary, who presided over the case, highlighted that the actions of Malik’s brother and father could not be used to deny him his fundamental right to travel abroad in search of a better future. “The basis for not recommending the case of the petitioner for issuance of a passport does not have any reasonable relation to the activities of the petitioner,” the court stated. It added that the protection of personal liberty, as guaranteed under Article 21 of the Constitution of India, is fundamental, and no person should be deprived of it because of the actions of a family member.
The court directed the ADGP CID to resubmit the report to the Regional Passport Officer (RPO) without considering the conduct or activities of Malik’s brother and father. It further instructed the RPO to process Malik’s case and issue an appropriate order within two weeks after receiving the revised report.
This ruling has been widely praised by local leaders, including Sajad Gani Lone, the President of the Jammu and Kashmir Peoples Conference (JKPC). Lone commended the judgment for setting an important precedent, stating that it would help individuals who face discrimination due to the past actions of their family members. He also expressed optimism about a comprehensive ruling in response to a petition filed by his party, challenging the misuse of the police verification process in J&K.
MLA Langate, Sheikh Khurshid, also reacted positively, calling the judgment “historic” and a victory for Kashmir’s youth.
NC welcomes HC ruling
The Chief Spokesperson of the Jammu and Kashmir National Conference, Tanvir Sadiq Wednesday welcomed the J&K High Court ruling stating that an individual cannot be denied a passport solely due to a family member’s involvement in terrorism.
Tanvir Sadiq hails the ruling as a significant affirmation of individual rights and justice. He emphasized that denying a passport to someone based on the actions of their family members is not only unfair but also a violation of fundamental principles of personal liberty.
“Every citizen should be judged based on their own conduct, rather than being held accountable for the past actions of their relatives. This ruling reinforces the idea that justice must be rooted in fairness and due process. The commitment of the National Conference to advocating for the rights, dignity, and constitutional protections of all citizens remains unwavering,” he said.
Tanvir Sadiq emphasised that justice should always prevail, and that every individual is entitled to be treated with respect and fairness. He stated, “It was a grave injustice by the PDP-BJP government to deny passports. We have always been steadfast in our belief that this decision lacked justice and violated human rights. Repealing this law was a key point in our manifesto. Now that the high court has passed a judgement, we wholeheartedly welcome it.”
We will push for Pan-J&K extension of similar verdict: Lone
J&K Peoples Conference President and MLA Handwara, Sajad Lone, has lauded the recent judgment by the High Court of J&K and Ladakh, which ruled that no individual should be denied a passport due to the involvement of their family members in terrorism-related activities.
Lone emphasized that this judgment 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.
He underscored that his party had already challenged the “growing misuse” of police verification as a tool for “collective punishment” through a petition filed by advocate Syed Sajad Geelani.
Welcoming the court’s decision, he 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 J&K and that our petition will be addressed at the earliest to ensure uniform application,” he stated.
Lone further stressed that their petition specifically called for the strict implementation of the Jammu and Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, along with subsequent amendments in the Government Order of 2021 and the Circular of 2024.
“These legal provisions mandate clear timelines for police verifications, ensuring a fair and transparent process,” he said.
He expressed confidence that the ruling would rectify systemic flaws and provide long-overdue relief, particularly to the youth of J&K, who have often been subjected to unwarranted restrictions.
“If the effect of this judgment is extended across J&K, it will help ensure that our youth are not unfairly penalized and that they are given the same opportunities as their peers in the rest of the country,” he stated.(KNS)
Bukhari hails HC remarks on passport denials
Apni Party President Syed Mohammad Altaf Bukhari on Wednesday expressed his utmost satisfaction over the Hon’ble High Court’s remarks, stating that a person cannot be denied a passport because his brother was a teerorist and his father an Over Ground Worker (OGW) for some terrorist outfit.
Pertinently, this observation was recorded in the case of an engineering graduate who wanted to seek an overseas job but was denied a passport because his brother was a militant some 14 years ago. Justice M A Chowdhary, after hearing the argument of the parties, recorded: “The argument of the authorities deserves to be rejected on the ground that merely because the brother of the petitioner was a militant and his father is an OGW of the terrorists, the petitioner cannot be deprived of his fundamental right guaranteed under Article 21 of the Constitution of India.”
Syed Mohammad Altaf Bukhari termed the Court’s observations as a beacon for the clearance of passport applications that are pending for the same reasons.
He wrote on his X handle: “After the J&K Hon’ble High Court’s remarks stating that a person cannot be denied a passport because his brother was a militant and his father an OGW, it is hoped that police verifications will be promptly cleared, and the Srinagar Passport Office will expedite the processing of passport applications pending for similar reasons.”
“The court’s observations came during the proceedings of a case filed by an individual who had been denied a passport. I hope these remarks by the court will pave the way for the issuance of passports to aspirants, especially the youth who wish to move abroad for better livelihood opportunities,” the X post further reads.
