Srinagar: The High Court of Jammu and Kashmir and Ladakh has ruled that an individual cannot be denied a passport solely due to a family member’s involvement in militancy.
The court stressed that the applicant’s own conduct should be the determining factor in issuing a passport.
The ruling was made by Justice M.A. Chowdhary while hearing a petition from Muhammad Amir Malik, a resident of Ramban, who sought to travel abroad for employment. Malik had applied for a passport in September 2021, but his application was delayed due to verification by the CID and Police.
The CID report cited that Malik’s brother was a militant with Hizbul Mujahideen and was killed in an encounter in 2011, while his father was listed as an Over Ground Worker (OGW).
Justice Chowdhary directed the Additional Director General of Police, CID, to submit a fresh report within four weeks, ensuring that Malik’s case is assessed independently of his family’s past activities.
The Regional Passport Officer was instructed to decide on Malik’s application within two weeks after receiving the revised report.
The court acknowledged the significance of national security concerns under Section 6(2) of the Passports Act, 1967, but clarified that restrictions must be based on an individual’s actions, not those of their relatives. Justice Chowdhary underscored that while personal liberty under Article 21 of the Constitution is protected, it does not extend to individuals who pose a security threat. (KNS)
