The High Court of J&K and Ladakh has observed that an individual cannot be denied right to passport on the official premise that the applicant’s brother was a militant and father an “over ground worker” (OWG) of some militant outfit. The observation was recorded in the case of 29-year-old Mohamdd Amir Malik, an engineering graduate from Shagan village of Khari, Ramban Jammu. The applicant wanted to seek an overseas job but was denied passport by the External Affairs Ministry of the Government of India and the regional police officers on the ground that Malik’s brother was a militant, who was killed by the government forces some 14 years ago. Justice M A Chowdhary, after hearing the argument of the parties, recorded: “the argument of the authorities deserves to be rejected on the ground that merely because the brother of the petitioner was a militant and his father is an OGW of the terrorists, the petitioner cannot be deprived of his fundamental right guaranteed under Article 21 of the Constitution of India.” The court directed the Additional Director General of Police, CID, to re-submit the report uninfluenced by the conduct or activities of the brother of the petitioner as well as his father to Regional Passport Officer within four weeks who shall consider the case and pass an appropriate order in favour of the petitioner, within two weeks thereafter.
The HC’s observation has generated a fresh hope amongst the youth who are denied passports and even jobs for the crimes they have never committed. Even if some distant relative has ever joined militancy, others suffer. Even during recently held Assembly elections, some political parties, particularly Sajad Lone led Peoples Conference has raised the issue of adverse police verifications ruining future of the youth. It may be recalled here that Lone has filed a public interest litigation (PIL) in the High Court of Jammu & Kashmir and Ladakh against the “misuse” of police verification process. The petition seeks to address the “growing misuse” of police verification as a tool of “collective punishment, targeting individuals based on the actions or affiliations of their family members”, the party said in a statement.
Although security of the nation should not be compromised and thus police is duty bound to verify credentials of every individual citizen but it should not be one size fits all policy. Currently there are hundreds of youth in Jammu and Kashmir who want to move outside the country to seek jobs but because someone in their relation has at sometime been involved in subversive activities, they are denied the passport. Same goes for those who seek jobs here in the government sector. Even if a person is selected for some job, again I someone from his family and even extended family has ever been involved in militancy, the person doesn’t get favourable police verification and thus the job too. As the HC while citing certain earlier judgments on cases of similar nature has said that it is not permissible under law that when ‘A’ has committed a crime, ‘B’ should be punished, the Jammu and Kashmir government should take the issue seriously and ensure that youth are not punished for the crimes committed by others.
