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| Observing HC order in breach, JK denies passports for political reasons | | | Early Times Report
JAMMU, Feb 14: Observing a 2009 High Court order stating `an acquitted person has a right to hold passport' in breach, the state government has been withholding travel documents for political reasons.
Right to travel is guaranteed under international law. Article 12 of the International Covenant on Civil and Political Rights (ICCPR, 1966), which has been signed and ratified by India reads: "Everyone has a right to leave the country including his own and this right should not be restricted to any restrictions."
All over the world travel documents are issued to citizens including dissidents, the only exception being Jammu Kashmir in Asia where the government uses the travel documents as an instrument of controlling and collectively punishing a defiant people. The denial of travel documents has adversely affected all the spheres of civil society with consequences on education, trade, religion, employment and human rights.
The intelligence sleuths, according to reports, have prepared a blacklist which the establishment calls a "Security Index". The list has as many as 60,000 families from Kashmir Valley alone. Two years ago the police denied clearance to 400 aspiring Hajj pilgrims-they were either in the "Security Index" or have relatives who do or in some cases bear names "similar" to the ones mentioned in the list. Even minors related to those in the list have been denied travel documents.
A leading Gastroenterologist of the state has been denied passport because his brother-in-law was a militant. The doctor divorced his wife and informed the concerned that he had severed his relations with his brother-in-law. Notwithstanding this, the passport has not been issued. The legal experts suggest judicial recourse as a remedy. Although it has worked in some cases but by and large, the authorities have not honoured the court orders.
The president of the Jammu Kashmir High Court Bar Association, Mian Abdul Qayoom was denied travel documents in 2004 when he wanted to perform Hajj. However, he filed a petition in the High Court and got the documents well in time.
But another lawyer was not as `lucky' as Mian Abdul Qayoom. Naseer Ahmad Shah wanted to pursue LLM in Holborn College London. He completed all the formalities and was supposed to join the course by September 21, 2009. He was denied passport. Naseer sought judicial recourse. The High Court taking cognizance on his petition directed the concerned on September 15 to issue passport to him within 4 days. Naseer, however, did not receive it. He could not avail the opportunity. The SSP CID told the court that the petitioner had not given his correct name due to which they could not process the case of the petitioner. The learned Justice Hakim Imtiaz after perusing the case held: "The objections of the respondents do not show any adverse report against the petitioner's person. In these circumstances, I do not find any justification to refuse the passport to the petitioner."
A budding footballer was denied passport because of his father's alleged involvement with the militants. The footballer, Basharat Bashir had to go to Spain for soccer training but the travel documents were not issued to him. He moved Court and got a strong order in his favour. The court order, however, did not help him. When the media highlighted the case, the Chief Minister intervened and got the travel documents issued to the footballer.
The High Court in a landmark judgement in October last year held that the acquitted persons have a right to hold passport. Humayoun Yusuf Jan, a reputed businessman of the city was arrested by a security agency in connection with FIR No 130/97 under section 3/25 Indian Arms Act. The court later acquitted him. Notwithstanding his acquittal, Jan was denied a passport. He moved to court. The court held that acquitted persons cannot be denied passports. As per the court directions, the passport had to be issued to the petitioner in four weeks time. |
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