Srinagar: A day after the Jammu and Kashmir and Ladakh High Court ruled that an individual’s passport application cannot be rejected solely due to the involvement of their family members in militancy, Hurriyat leader Mirwaiz Umar Farooq welcomed the decision, saying it gives hope to those denied passports for years.
“Thousands of people, including children and relatives of militants, political prisoners, and jailed leaders—including myself—have been deprived of this fundamental right, cutting them off from educational and vocational opportunities. I hope this decision will be honoured by the rulers of the day,” Mirwaiz said.
Meanwhile, Mirwaiz claimed that he had been placed under house arrest for the sixth consecutive year ahead of Shab-e-Baraat.
The ruling came in response to a petition filed by Mohammad Amir Malik, a resident of Ramban, who had applied for a passport in September 2021 to pursue job opportunities abroad. However, his application was delayed due to CID/Police verification.
Authorities cited Malik’s family history, noting that his brother was associated with Hizbul Mujahideen and was killed in an encounter in 2011, while his father had been listed as an Over Ground Worker (OGW).
The court ruled that personal liberty under Article 21 of the Constitution cannot be denied based on a relative’s actions. It directed the Additional Director General of Police (ADGP), CID, to submit a revised report to the Regional Passport Office within four weeks, considering only Malik’s individual record.
The court also criticized the authorities for basing their decision on “speculative material” rather than concrete allegations against Malik himself.
The ruling comes against the backdrop of Jammu and Kashmir’s 2010 amnesty policy for former militants who had crossed over to Pakistan but later sought to return. The policy allowed militants who had gone to Pakistan between 1989 and 2009 to reintegrate if they gave up arms. However, returnees were required to enter through designated checkpoints, including Wagah-Attari, Salamabad, Chakkan da Bagh, or New Delhi airport.
Despite this, many returnees reportedly entered India via Nepal and Bangladesh to avoid scrutiny from security agencies. In 2017, the J&K government stated that at least 377 former militants and 864 of their family members had returned through these unofficial routes, making them ineligible for benefits under the amnesty policy.
