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750000 persons black listed in Kashmir
Of denied travel documents
11/8/2010 11:14:33 PM
Early Times Report
Jammu, Nov 8: The local intelligence sleuths have added 15000 persons to "Red Book" since the past two years. The "Red Book" actually is a `black list' which the establishment calls Security Index. Persons in this list cannot get travel documents and cannot, therefore, go out of the country, not even for pilgrimage. Last year there were only 60,000 persons in the list but this year, according to sources, it has swelled by 15000 cases.
According to human rights defenders, 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."
But, the talk of international covenants makes no difference for the persons in the "Red Book". 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.
This year around one hundred pilgrims were denied clearance. Legal experts suggest judicial recourse. 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 others were not as lucky as Qayoom. The High Court in a landmark judgment 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. A leading gastroenterologist of the state has been denied passport because his brother-in-law (SALA) was a militant. The doctor divorced his wife and informed the concerned that he had severed his relations with his Sala. Notwithstanding this, the passport has not been issued.
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