The Jammu and Kashmir High Court ruled that a person cannot be denied a passport solely due to their family members’ involvement in militancy.
Justice M A Chowdhary made this decision while hearing a petition from Mohammad Amir Malik, a resident of Ramban, whose passport application had been rejected due to his family’s past.
Malik, a diploma holder in engineering, applied for a passport in 2021, hoping for better job prospects abroad. However, his application was denied after the police pointed to his brother’s militant involvement with Hizbul Mujahideen and his father’s association with militant groups. The government argued that granting Malik a passport could pose a security risk, fearing he might be influenced by anti-India elements.
However, Justice Chowdhary ruled that there was no evidence or allegation against Malik himself, saying that a person’s right to travel cannot be restricted based on the actions of others.
“The basis for rejecting the case has no reasonable connection to his own activities,” the court observed.
The court instructed the authorities to issue a fresh verification report and reconsider Malik’s application within two weeks, ensuring it is not influenced by his family’s past.
Malik expressed relief, stating, “This decision ensures that my right to travel is respected.”
