|early times report |
Srinagar, Jan 30: The J&K High Court on Wednesday quashed Passport Officer Kashmir's order rejecting passport to a couple from Baramulla district for having relation with a Hizbul Mujahideen militant who is presently in Pakistan Administered Kashmir.
In its petition the couple Umar Ali and his wife Sumira Nazir had last year applied for the Passport to seek employment outside the country.
The couple said after receiving the report from CID, the Passport Authorities passed an order on October 14 2013, refusing to issue passports to them. The CID report reveals that the brother of Umar Ali , Abdul Majid Sofi a.k.a. Majeet Bisati a.k.a. Shaheen crossed over LOC to Pak in the year 1990 for obtaining arms and ammunitions training. He had later returned to Kashmir in the year 1991 and had remained active militant of Hizbul Mujahidin outfit till 2005 before he again exfilitrated to PaK," the CID report had said.
Subsequently, the CID sent "Not Recommended" report about couple to Passport Authorities, cautioning it there was possibility that the couple may in fact was going abroad on a special assignment of the militant group working in J&K.
"Under these circumstances if the petitioners are allowed to go abroad on the strength of Indian Passport, they may indulge in activities prejudicial to the security, sovereignty and integrity of J&K State and India," the report said.
Further, CID said, couple's departure will be prejudicial to the friendly relations of India with the country to which it intend to visit.
Hearing the petition by the couple, Justice Ali Mohammad Magrey observed that there was report by CID was self-evident and that "there is not even an iota or whisper of allegation about the conduct or activities of the petitioners."
"Merely because the brother of petitioner no. 1 is a fugitive, petitioners cannot be deprived of their fundamental right guaranteed under Article 21 of the Constitution of India." Given the CID report, the single bench of court said, it was undesirable to push the couple into a clique they have, admittedly, never been to. While quashing order by the Passport Officer, the court directed CID Department to reconsider the case of the petitioners objectively, uninfluenced by the conduct or activities of the brother of Umar Ali, and make an appropriate report to the Passport Officer strictly in light of the personal conduct and activities of the couple. "The Passport Officer shall, thereafter, pass fresh orders on the basis of such report to be furnished (CID Department. If there is any material or evidence found against the person of the petitioners, which would entail an unfavourable report against them, the same shall also be disclosed to the petitioners," the court said.