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| In JK passport is used as a tool to punish defiant people | | RIGHT TO TRAVEL | | RIGHT TO TRAVEL
EARLY TIMES REPORT
JAMMU, May 28: 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: "Every one 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, it has been reliably learnt, have prepared a blacklist which the establishment calls a "Security Index". The list has as many as 60,000 families from Kashmir Valley alone. The shocking information was leaked to the press a few years ago. Since then it must have further swelled.
Last year 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.
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 Kashmir 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 his case. 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."
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 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.
Jammu Kashmir has the distinction of introducing a different variety of passports. The locals call it `restricted passports'. These passports are meant for particular countries. Passports issued after August 1, 2004 carry a new info line. `This passport is valid for all countries except Pakistan.' The new condition has been perceived as a deliberate attempt to deprive the students from Jammu Kashmir to avail the opportunities in Paksitan under SAARC programme.
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