The Jammu and Kashmir High Court has ruled that a person’s criminal family background cannot be used as a reason to deny them a passport. The court also stated that a speculative reason, without any direct evidence, is not a valid ground to restrict someone’s freedom of movement.
The case involved a petitioner who applied for a passport to seek job opportunities abroad. However, the authorities did not respond to his request for over a year. The reason cited was the involvement of his late brother in militancy in 2011 and his father being listed as an OGW.
Justice M.A. Chowdhary observed that only the petitioner’s own activities should be considered when deciding on the issuance of a passport. The court directed the CID to submit a fresh report, uninfluenced by his family’s history, to the Regional Passport Officer within four weeks. The officer must then make a decision within two weeks.
The court highlighted that the Passport Act only allows denial if an applicant is personally involved in activities threatening state security.
This is a developing story. More details will be added when available.
