SRINAGAR: The Chief Spokesperson of the Jammu and Kashmir National Conference (JKNC), Tanvir Sadiq, on Wednesday welcomed the Jammu and Kashmir High Court’s ruling that an individual cannot be denied a passport solely due to a family member’s involvement in militancy.
Calling the verdict a significant affirmation of individual rights and justice, Sadiq stressed that denying a passport based on a relative’s actions was both unfair and a violation of personal liberty. He stated that every citizen should be judged on their own conduct, not held accountable for their family’s past. He further noted that the ruling reinforced the principles of fairness and due process.
Sadiq also criticised the previous PDP-BJP government, accusing it of committing a grave injustice by denying passports under such circumstances. “We have always maintained that this decision was unjust and violated human rights. Repealing this policy was a key point in our manifesto. Now that the High Court has ruled on the matter, we wholeheartedly welcome it,” he said.
The ruling was delivered by Justice M.A. Chowdhary while hearing a petition filed by Mohammad Amir Malik, a resident of Ramban, who had applied for a passport in September 2021. Despite completing all formalities, Malik’s application was rejected following an adverse police verification report. Authorities cited the involvement of his brother, a former Hizbul Mujahideen militant killed in an encounter in 2011, and his father, who had been listed as an overground worker in police records.
Malik, a diploma holder in engineering, argued before the court that he wished to travel abroad for better job opportunities but was being unfairly denied a passport due to his family’s past. The government defended its stance by claiming that issuing him a passport posed a security risk, as he could come under duress or influence from anti-India elements.
However, the court rejected this argument, stating there was no allegation or evidence against Malik himself. Justice Chowdhary ruled that passport eligibility should be determined by an individual’s own conduct, not assumptions about potential risks. The court further noted that authorities would have been justified in rejecting Malik’s application only if there had been material linking him to subversive activities.
“The basis for not recommending the petitioner’s case has no 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 legally unjustified.
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 Malik’s application based on this new report and issue an appropriate order within two weeks.
