Jammu And Kashmir: NC, PDP, PC Welcome High Court Ruling On Denial Of Passport To Militants' Kin

Justice M.A. Chowdhary of the high court said that an individual’s fundamental rights cannot be curtailed based on family associations.

Srinagar: Political parties in Jammu and Kashmir have welcomed the verdict of the High Court of J&K and Ladakh that a person cannot be denied a passport based solely on a family member's involvement in militancy.

The verdict, pronounced on Tuesday, came in response to a petition filed by Mohammad Amir Malik, a 29-year-old graduate from Shagan village in Ramban, 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, delivering the judgment, emphasized that an individual’s fundamental rights cannot be curtailed based on family associations. “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,” Chowdhary said in his ruling.

Major political parties in Jammu and Kashmir have praised the ruling. According to the parties, the ruling is an important step in protecting people's rights and stopping discrimination.

Tanvir Sadiq, spokesperson for the National Conference (NC) and MLA from Zadibal, called the ruling 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, president of the Jammu and Kashmir Peoples Conference (PC) and MLA from Handwara, also welcomed the verdict, calling it a step toward ending discrimination. He noted that his party had previously challenged what he termed the misuse of police verification as a tool for “collective punishment.” The challenge was brought forward through a petition filed by advocate Syed Sajad Geelani.

Lone expressed optimism that the ruling would lead to broader legal reforms across Jammu and Kashmir. “This should have happened much earlier, but better late than never,” he said. “Our petition seeks a Pan-J&K extension of this verdict to help thousands facing similar restrictions.”

He also highlighted his party’s demand for the strict enforcement of the Jammu and Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, and amendments to a 2021 government order and a 2024 circular that outline clear timelines for police verifications.

“The ruling will rectify systemic flaws and ensure that the youth of Jammu and Kashmir are not unfairly penalized,” Lone said. “They deserve the same opportunities as any other citizen in the country.”

Jammu and Kashmir Peoples Democratic Party (PDP) chief Mehbooba Mufti echoed these sentiments, calling the decision a step in the right direction. In a post on X, formerly Twitter, 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.”