Passport Cannot Be Denied Due to Brother's Terrorism Link: Jammu & Kashmir High Court

The J&K high court ruled that a passport cannot be denied solely because the applicant’s relatives were involved in militancy. 

The case involved Mohammad Amir Malik (petitioner), whose passport application was rejected due to his late brother’s past affiliation with Hizbul Mujahideen (militant group) and his father’s overground worker status.

The bench emphasized that under Article 21 of the Constitution, personal liberty, including the right to travel, cannot be denied based on the actions of family members.

Citing cases like Satwant Singh Sawhney (1967) and Maneka Gandhi (1978), the court stressed that restrictions must align with the legal provisions. Authorities were directed to reassess Malik’s application fairly within six weeks.