Passport cannot be denied over family’s militancy links: HC

In a significant ruling, the Jammu & Kashmir and Ladakh High Court has ruled that a person cannot be denied a passport merely because his relatives were involved in anti-nationalor militancy activities.

The petitioner, a resident of the Ramban region in Jammu, had approached the High Court, alleging that authorities were deliberately delaying the issuance of his passport in order to “carve out a false ground and reason for denying the passport,” as his brother was killed by the security forces in an encounter in a militancy related incident in 2011.

In its ruling on Tuesday, the High Court stated, “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 2011 and the listing of his father as an OGW (Overground Worker).”

The court directed the Additional Director General of Police, CID, to resubmit a fresh report to the Regional Passport Officer within four weeks. This report must be “uninfluenced by the conduct or activities of the petitioner’s brother or father.” The Regional Passport Officer has been instructed to consider the petitioner’s case based on the revised report and issue an appropriate decision within two weeks thereafter.

Former Chief Minister and Peoples Democratic Party (PDP) chief Mehbooba Mufti welcomed the court’s decision, calling it a step in the right direction. “Even the basic fundamental right to travel is being weaponised brutally since 2019 in J&K. There are countless cases pending in passport offices awaiting clearance from the CID department,” she wrote on X.

She further stated that passports are not only denied to individuals with militant relatives but also to journalists, students, and job seekers.

Many candidates, despite meeting all requirements for government positions, are denied jobs based on negative CID reports.

“The status of the related militant—whether dead or alive—seems irrelevant. Unfortunately, this policy has even been extended to individuals remotely related to Jamaat-e-Islami party members as well,” she added.

For the past few years, security agencies have frequently denied positive police verifications to family members of individuals involved in any adverse activities. During the first Assembly session, legislators also raised concerns about the verification process. Congress chief whip and Bandipora MLA Nizam-ud-Din Bhat called for a review of police verification policies, particularly concerning employment eligibility.

The Jammu and Kashmir People’s Conference, which has also challenged the current police verification process in court, welcomed the High Court’s ruling.