Srinagar: The High Court of Jammu and Kashmir and Ladakh has ruled that a person cannot be denied a passport solely because of the involvement of their family members in militancy-related activities, asserting that an individual’s right to travel cannot be restricted based on speculation or the actions of others.
A bench of Justice M A Chowdhary delivered the ruling while hearing a petition filed by Mohammad Amir Malik, a resident of Ramban, who had applied for a passport in September 2021. Despite completing the necessary formalities, Malik’s application was rejected following an adverse police verification report. The authorities cited the involvement of his brother, who had been a militant of the Hizbul Mujahideen and was killed in an encounter in 2011, and his father, who had been listed as an overground worker (OGW) in police records.
Malik, a diploma holder in engineering, told the court that he wished to travel abroad for better job opportunities but was unfairly denied a passport due to the past actions of his family members. The government, in its defence, argued that issuing a passport to him posed a security risk, as he could come under duress or influence from anti-India elements.
However, Justice Chowdhary rejected this argument, stating that there was no allegation or evidence against Malik himself. The court ruled that an individual’s eligibility for a passport should be based on their own conduct and not on mere assumptions about their potential risks. It further stated that the authorities would have been justified in rejecting Malik’s application only if there was any material linking him to subversive activities.
“The basis for not recommending the case of the petitioner does not have any reasonable relation or nexus with his own activities,” the court observed, adding that denying Malik his right under Article 21 of the Constitution on the basis of his family’s past was not legally justified.
The court directed the Additional Director General of Police (CID) to submit a fresh verification report uninfluenced by the conduct of Malik’s brother or father. It also ordered the Regional Passport Officer to reconsider his application based on this new report and issue an appropriate order within two weeks thereafter.
