SRINAGAR: The Jammu and Kashmir and Ladakh High Court has said that a passport cannot be denied to a person merely for the involvement of his brother in militancy activities. It also held that a person’s activities should form the basis for issuance of passport. The High Court order has been welcomed by the political parties.
A bench of Justice M A Chowdhary, while allowing petition of one Muhammad Amir Malik R/o Ramban, directed J&K’s Additional Director General of Police (ADGP) CID to re-submit the report uninfluenced by conduct or activities of the brother and Malik’s father to Regional Passport Officer (RPO) within four weeks.
Malik, a diploma holder in Engineering, had applied for a passport in 2021 to go abroad in search of a job. However, the CID had not cleared his passport verification. After being denied passport, Malik moved the HC and the court sought a report from ADGP CID.
ADGP CID stated that petitioner’s brother, Mohammad Ayaz Malik alias Abu Musa, was a HM militant and was killed in an encounter with security forces in 2011 and his father is enlisted as OGW in the records.
“Since brother of petitioner was affiliated with HM and his father is an OGW, the possibility of applicant coming under duress, influence or extraneous pressure of anti-Indian terrorist, separatist and secessionist outfits of elements of hostile foreign agencies has been assessed to be of very high probability and after consideration, the case of the petitioner for issuance of passport has been disposed of ‘not recommended’.”
The court, however, overruled the observation and held that petitioner cannot be deprived of his fundamental right guaranteed under Article 21 of the Constitution of India by rejecting his passport verification merely because his brother was a militant and his father is an OGW.
PDP chief and former J&K Chief Minister Mehbooba Mufti said the HC decision of not denying a passport to an individual for merely being related to a militant was a step in the right direction.
Diploma holder applied for passport in 2021
Malik, a diploma holder in Engineering, had applied for a passport in 2021 to go abroad in search of a job. However, the CID had not cleared his passport verification. After being denied passport, Malik moved the HC and the court sought a report from ADGP CID.