The High Court of Jammu and Kashmir.
Credit: PTI Photo
Srinagar: Political parties in Kashmir Thursday welcomed the verdict by Jammu and Kashmir High Court, which ruled that an individual cannot be denied a passport solely because of a family member’s involvement in militancy.
The ruling, delivered on Tuesday, came in response to a petition filed by Mohammad Amir Malik, a 29-year-old graduate from Shagan village in Ramban district, who had been denied a passport due to his brother’s militant background and his father’s alleged role as an overground worker (OGW) for a militant group.
Justice M A Chowdhary, in his judgment, stressed that an individual’s fundamental rights should not be restricted based on their family associations. “This court is of the considered opinion that 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 the year 2011 when he was killed and the listing of his father as an OGW for grant of passport in his favour,” Justice Chowdhary held.
The denial of passports had sparked widespread concern in the Union Territory over the practice of linking a person’s right to travel with the actions of their relatives, a policy that critics argue unfairly punishes innocent individuals.
Reacting to the court’s decision, political leaders from across the spectrum in Kashmir hailed the ruling as a crucial step in protecting people’s rights and ending discrimination.
Former chief minister and opposition Peoples Democratic Party (PDP) president Mehbooba Mufti called the decision a step in the right direction. In a post on X, , she said, “The honorable High Court’s decision of not denying a passport to an individual merely because they are related to a militant is certainly a step forward.”
Ruling National Conference (NC) spokesperson and MLA, Tanvir Sadiq, called the judgment a significant affirmation of personal freedoms. “Every citizen must be judged on their own conduct,” he said. “Justice must be rooted in fairness, and the National Conference remains committed to protecting constitutional rights and dignity for all.”
Sajad Lone, chief of Peoples Conference (PC) and MLA, who had previously challenged what he termed the misuse of police verification as a tool for “collective punishment” called the court decision a step toward ending discrimination.
Hurriyat Conference chief Mirwaiz Umar Farooq while welcoming the court ruling said the decision offers hope to many who have been denied this basic right for years.
“Thousands of people which includes the children and relations of militants, political prisoners and leadership in jails including mine , have been denied this fundamental right, cutting them off from educational and vocational opportunities. I hope this decision will be honoured by the rulers of the day (sic),” he posted on X.
The high court’s ruling has sparked optimism among those affected, with many now hopeful of regaining the right to travel for education, employment, and family matters. The case highlights long-standing concerns over how the state has handled the issuance of passports in Kashmir, especially in relation to political and familial affiliations.