The High Court of Jammu and Kashmir and Ladakh has ruled that a passport cannot be denied to an individual solely because of their brother’s involvement in militancy. The court emphasized that the applicant’s own conduct should be the basis for issuing a passport.
The decision was made by Justice M.A. Chowdhary while hearing the plea of Muhammad Amir Malik from Ramban, who sought to go abroad for better job opportunities. Malik’s passport application, submitted online in September 2021, had been delayed due to verification by the CID and Police. The CID report highlighted that Malik’s brother was a militant with Hizbul Mujahideen, who was killed in an encounter in 2011, and his father was listed as an Over Ground Worker (OGW).
The court directed J&K’s Additional Director General of Police, CID, to submit a fresh report within four weeks, uninfluenced by the actions of Malik’s brother or father. The Regional Passport Officer was ordered to make a decision on Malik’s application based on the new report within two weeks thereafter.
Justice Chowdhary emphasized that while personal liberty under Article 21 of the Constitution is protected, it cannot be claimed by individuals who pose a threat to national security. The court acknowledged the importance of Section 6(2) of the Passports Act, 1967, which outlines conditions for denying a passport, but clarified that these provisions must be applied to an individual’s actions, not their family members’ activities.