Srinagar, Feb 12 : In a landmark judgement that would pave the way for hundreds, if not thousands of youths, to get a sigh of relief from pending passport verifications, the Jammu and Kashmir and Ladakh High Court has ruled that an individual cannot be denied a passport solely due to a family member’s involvement in militancy.
According to the reports, Justice M A Chowdhary made the ruling while hearing a petition from Muhammad Amir Malik, a resident of Ramban, whose passport application had been delayed since September 2021 due to police and CID verification.
Authorities cited Malik’s brother’s past links with Hizbul Mujahideen and his father’s alleged role as an Over Ground Worker (OGW).
The court directed the Additional Director General of Police, CID, to reassess Malik’s case independently and submit a fresh report within four weeks.
The Regional Passport Officer must then decide on his application within two weeks.
While acknowledging national security concerns under the Passports Act, 1967, the court emphasized that restrictions must be based on an individual’s conduct, not their family’s history. Justice Chowdhary reaffirmed that personal liberty under Article 21 of the Constitution must be protected unless the applicant poses a direct security threat.
Meanwhile, Apni Party President Altaf Bukhari expressed his satisfaction over the High Court’s remarks, stating that a person cannot be denied a passport because his brother was a militant and his father an Over Ground Worker (OGW) for some militant outfit.
Bukhari termed the Court’s observations as a beacon for the clearance of passport applications that are pending for the same reasons.
On X, Bukhari said: “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.”
J&K Peoples Conference President and MLA Handwara, Sajad Lone, too lauded the High Court judgement saying the “judgment sets a powerful precedent for thousands facing similar discrimination.” (ANB)
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