The High Court of Jammu and Kashmir and Ladakh has held that an individual's passport cannot be denied solely based on their relatives' involvement in anti-national activities.

"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 (overground worker of a terror outfit) for grant of passport in his favour," Justice M. A. Chowdhary said in his order while disposing of a petition on Tuesday.

The court granted relief to Mohammad Amir Malik, an engineering diploma holder, who had applied for a passport to seek job opportunities abroad.  

As per procedure, the passport-issuing authority requires clearance from the additional director general of police (ADGP) in the CID. Malik, a resident of Ramban, approached the court after the CID headquarters denied clearance for his passport due to his slain brother's alleged militancy links.

"It should have been the activities of the petitioner, which should have formed the basis either for permitting or rejecting the request for issuance of a passport in his favour. The basis for not recommending the case of the petitioner for the issuance of a passport does not have any reasonable relation or nexus with the activities of the petitioner, as the same does not even remotely connect the petitioner with any activity which could be termed as prejudicial to the security, sovereignty and integrity of the state or the country," the bench observed.

The court directed the ADGP, CID to resubmit the report within four weeks, ensuring it remains "uninfluenced by the conduct or activities of the petitioner’s brother or father." It further instructed the regional passport officer to consider the fresh report and issue an appropriate order in the petitioner’s favor within two weeks.  

The ruling was welcomed by the People's Conference and the People's Democratic Party (PDP).

"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. Given how even the basic fundamental right to travel is being weaponised brutally since 2019 in Jammu and Kashmir," PDP president Mehbooba Mufti said in a post on X.

"There are countless cases pending in passport offices awaiting clearance from the CID department. Not only are passports denied to such individuals but also journalists, students and also job seekers who despite fulfilling the pre requisites for government positions are also denied jobs only because of a negative report given by CID. The status of the related militant -- whether dead or alive -- seems irrelevant. Unfortunately this policy has even been extended to individuals even remote related to Jamaat-e-Islami party members as well," the former Jammu and Kashmir chief minister said.

People's Conference president Sajad Lone stated that the verdict sets a powerful precedent for thousands of individuals who are facing similar discrimination.

"I feel optimistic that a comprehensive ruling along these lines will soon be issued in response to our party's petition," he said.

"This should have happened much earlier, but better late than never. I am hopeful that this ruling will be extended across Jammu and Kashmir and that our petition will be addressed at the earliest to ensure uniform application," he said.

Lone expressed confidence that the ruling would address systemic flaws and offer long-overdue relief, especially to the youth of Jammu and Kashmir, who have frequently faced unjust restrictions.

"If the effect of this judgment is extended across Jammu and Kashmir, it will help ensure that our youth are not unfairly penalised and that they are given the same opportunities as their peers in the rest of the country," he added.