Image for representational purposes only
| Photo Credit: ANI
The Jammu and Kashmir High Court on Wednesday (February 12, 2025) directed the Criminal Investigation Department (CID) and the Regional Passport Officer to consider issuing a passport based on “uninfluenced report” in favour of a local, after he was denied the same because his brother is a slain militant and the father an overground worker (OWG).
“This court is of the considered opinion that there is no reason to not recommend the case of the petitioner for issuance of passport just for the involvement of his brother in militancy activities in the year 2011 when he was killed and the listing of his father as an OGW for grant of passport in his favour,” Justice M.A Chowdhary held.
The court directed the Additional Director General of Police, CID, “to re-submit the report uninfluenced by the conduct or activities of the brother of the petitioner as well as his father.”
It directed the Regional Passport Officer to consider the case within four weeks on the report of the CID and pass “an appropriate order in favour of the petitioner, within two weeks thereafter”.
Search for job
The court was hearing a petition filed by Mohammad Amir Malik, 29, a resident of Shagan, Khari tehsil, of Ramban. The petitioner, Mr. Amir Malik, a diploma engineer, “desired to go abroad in search of a good job and applied for issuance of a passport” but was denied the same with the remarks “Not Cleared” and “may likely to misuse the passport”.
Officials told the court that the passport verification report in respect of character and antecedents of the petitioner was got verified through field agencies, which revealed that Mr. Amir Malik’s brother, Ayaz Malik alias Abu Musa, remained a militant of Hizbul Mujahideen (HM) outfit, who was killed during an encounter with the security forces in the year 2011, besides the father is enlisted as OGW in the records.
“Since brother of the petitioner was affiliated with the HM, a banned terrorist organisation, and his father is an OGW of terrorists, as such under the given circumstances, the possibility of the applicant coming under duress, influence or extraneous pressure of anti-Indian terrorist/separatist/secessionist outfits of elements of hostile foreign agencies has been assessed to be of very high probability; that after consideration of the field report, the case of the petitioner for issuance of passport has been disposed of as “not recommended,” the court was told.
The High Court observed: “…it is not permissible under law that when ‘A’ has committed a crime, ‘B’ should be punished. In the instant case also, the petitioner is sought to be punished for the alleged sins of some other person.”
Parties hail verdict
The court direction was widely welcomed by political parties.
Former Chief Minister and Peoples Democratic Party president Mehbooba Mufti said the court’s decision “is certainly a step in the right direction”.
“Given how even the basic fundamental right to travel is being weaponised brutally since 2019 in Jammu and Kashmir, there are countless cases pending in passport offices awaiting clearance from the CID. Not only are passports denied to such individuals but also journalists, students and also job seekers who despite fulfilling the prerequisites for government positions are also denied jobs only because of a negative report given by the CID. The status of the related militant — whether dead or alive — seems irrelevant. Unfortunately, this policy has even been extended to individuals even remotely related to Jamaat-e-Islami party members as well,” Ms. Mufti said.
Ruling National Conference (NC) leader and legislator Tanvir Sadiq welcomed the court’s verdict as “a significant affirmation of individual rights and justice”.
“Denying a passport to someone based on the actions of their family members is not just unfair but also a violation of fundamental principles of personal liberty. Every citizen must be judged on their own conduct, not held accountable for the past of their relatives. This ruling reinforces the idea that justice must be rooted in fairness and due process. We remain steadfast in our commitment to advocating for the rights, dignity, and constitutional protections of all,” Mr. Sadiq said.
J&K Peoples Conference president and MLA Handwara Sajad Lone too lauded the judgment. “I feel optimistic that a comprehensive ruling along these lines will soon be issued in response to our party’s petition,” he said. He underscored that his party had already challenged the “growing misuse” of police verification as a tool for “collective punishment”.
“This should have happened much earlier, but better late than never. I am hopeful that this ruling will be extended across Jammu and Kashmir and that our petition will be addressed at the earliest to ensure uniform application,” he said.
Published – February 12, 2025 10:25 pm IST