Srinagar: The High Court of JK and Ladakh ruled on Tuesday that a person’s involvement in militancy activities by their family members, such as a brother or father, should not be the sole reason for denying their passport application.
The court allowed a petition filed by Mohammad Amir Malik, directing the Additional Director General of Police (ADGP), CID, to re-submit a report to the Regional Passport Officer (RPO) within four weeks, without considering the activities of Malik’s brother or father, Bar and Bench reported.
Malik, a resident of Ramban and a diploma holder in engineering, had applied for a passport in September 2021, intending to pursue job opportunities abroad. However, his application was delayed due to CID/Police verification. The ADGP’s report highlighted that Malik’s brother was involved with the Hizbul Mujahideen and was killed in an encounter in 2011, and that his father had been listed as an Over Ground Worker (OGW).
The court noted that while personal liberty is protected under Article 21 of the Constitution, it cannot be denied based on the actions of family members. The court emphasised that Malik’s own activities should determine the outcome of his passport application, not the past actions of his relatives.
The court further stated that the decision to deny the passport was based on speculative material and not on any substantiated allegations against Malik.
It concluded that Malik’s right to a passport should not be restricted because of his family’s past, directing the CID to revise its report and for the RPO to reconsider Malik’s case within a specified timeframe.
