Criminal Family Background Not a Ground to Deny Passport: Court Rules in Favor of Applicant
The Jammu and Kashmir High Court ruled that authorities cannot deny a passport based on an individual’s criminal family background. The court emphasized that speculative reasons, without direct evidence, cannot justify restricting a person’s right to movement.
Petitioner’s Rights Must Be Considered
The case involved a petitioner whose passport application was delayed due to his family’s past. Authorities cited his brother’s involvement in militancy in 2011 and his father’s status as an OGW (Over Ground Worker) as reasons to withhold approval. However, the court ruled that only the petitioner’s own activities should determine his passport eligibility.
Justice M.A. Chowdhary stated that the authorities had no reasonable basis for denying the passport. Authorities found no link between the petitioner and any activities that could threaten national security or sovereignty.
Legal Basis for the Judgment
The court referred to the Passport Act, which allows authorities to deny a passport only if the applicant is likely to engage in activities harmful to national security or foreign relations. However, in this case, the denial was based purely on speculation, not on any evidence against the petitioner.
The ruling reaffirmed that Article 21 of the Constitution, which guarantees personal liberty, protects an individual’s right to a passport. The court ruled that authorities cannot penalize a person for the actions of family members.
Case Background and Court’s Directions
The petitioner, a diploma holder in engineering, applied for a passport to seek job opportunities abroad. Despite waiting for a year, he received no response from the authorities. He then filed a petition before the High Court.
The court directed the CID to re-submit its report without considering the petitioner’s family background. It also ordered the Regional Passport Officer to review the case and issue a decision within six weeks.
This ruling sets a precedent by ensuring that a person’s fundamental rights cannot be denied based on assumptions about their family history.
