Passport can’t be denied over kin’s militancy links: Political parties welcome High Court decision

Srinagar : Political parties on Wednesday welcomed the decision of Jammu and Kashmir High Court that passport cannot be denied to an individual over kin’s militancy links.
National Conference spokesperson and MLA Zadibal, Tanvir Sadiq termed the High Court ruling as a vital affirmation of individual rights. “Every citizen must be judged on their own conduct,” he said, emphasizing that justice must be rooted in fairness. “The NC is committed to protect constitutional rights and dignity for all,” he added.
J&K Peoples Conference President and MLA Handwara, Sajad Lone, welcomed the High Court’s ruling and called the judgment a significant step against discrimination, stating that his party had already challenged the misuse of police verification as a tool for “collective punishment” through a petition filed by advocate Syed Sajad Geelani.
He expressed optimism that a broader ruling would follow, ensuring uniform application across J&K. “This should have happened much earlier, but better late than never. Our petition seeks a Pan-J&K extension of this verdict to help thousands facing similar restrictions,” he said.
Lone emphasized that their petition specifically demands strict implementation of the Jammu and Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, and amendments in the Government Order of 2021 and Circular of 2024, which mandate clear timelines for police verifications.
He stressed that the ruling would rectify systemic flaws and provide relief, particularly to J&K’s youth. “This will ensure they are not unfairly penalized and receive equal opportunities as others in the country,” he stated.
J&K PDP chief, Mehbooba Mufti in a post on X, said that the honourable High Court’s decision of not denying a passport to an individual for merely being related to a militant is certainly a step in the right direction.
Pertinently, the High Court of Jammu and Kashmir and Ladakh on Tuesday ruled that an individual cannot be denied a passport solely because of a family member’s past involvement in the militancy.
The verdict came in the case of Mohammad Amir Malik, a 29-year-old graduate from Shagan village in Ramban, who was denied a passport due to his brother’s militant background and his father’s alleged role as an overground worker (OGW) for a terror outfit. “Merely because the petitioner’s brother was a terrorist and his father is an OGW, he cannot be deprived of his fundamental right guaranteed under Article 21 of the Constitution,” Justice M.A. Chowdhary had stated, while delivering the judgment