SRINAGAR : Urging government to issue passports to all those who wanted to travel abroad for religious purpose, business or study, lone Communist Party of India (M) member Mohammad Yousuf Tarigami in the Legislative Assembly today said denial of passport on flimsy grounds was unconstitutional. Speaking in the Legislative Assembly shortly after Question Hour when the House met again after Speaker Mubarak Gul adjourned the House, Mr Tarigami urged the government not to punish its own innocent citizens for the wrongs committed by their kin. While raising the issue of denial of passports to the people not involved in any kind of subversive activities, he said people who desire to travel abroad for the purpose of Hajj, business or study should be issued passports without any hitch. He said many people have been denied passports on trivial and flimsy grounds including the reason of their relatives being militants and having served detentions. Mr Tarigami quoted the Supreme Court judgment in case ‘titled Satwant Singh V D Ramrathnam (1967) 3 SCR 525 in which the Apex Court has held that no person can be deprived of his right to travel except according to the procedure established under law. The apex court held that under Article 21 of the Constitution no person can be deprived of his right to travel except according to procedure established by law. It is not disputed that no law was made but the State regulating or depriving persons of such a right.
Mr Tarigami said the same view was taken by the apex court in cases titled Maneeka Gandhi v/s Union of India (1978) 1 SCC 248. The High Court of J&K in case titled Sajad Ayoub Bhat Vs State & Others in 2008, has held that it is not permissible under law that when ‘A’ has committed a crime, ‘B’ should be punished. Even the Division Bench of High Court of J&K in case in 2009 titled additional. Director General of Police V/s Imtiyaz Ahmad Wani and others has taken the same view. The CPI (M) leader said denial of passports have further added in the alienation and disappointment toward the system. Rejecting applications seeks issuance of passports on flimsy grounds contradicts the tall claims made by the system about justice, fairness and objectivity.
The denial of passports limits the freedom guaranteed under law to a citizen of this country, Mr Tarigami remarked. (AGENCIES)
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