State Secretary CPI (M), Mohammad Yousuf Tarigami today urged the government not to punish its own innocent citizens for the wrongs committed by their kin.According to KNS correspondent during the proceedings of Legislative Assembly today morning, while raising the issue of denial of passports to the people not involved in any kind of subversive activities, Tarigami said that 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, etc.
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).Tarigami said that the same view was taken by the Apex Court in cases titled Maneeka Gandhi v. Union of India (1978) 1 SCC 248. The High Court of J&K in case titled Sajad Ayoub Bhat Vs State & Others OWP No. 551/2008, has held that it is not permissible under law that when “A” has committed a crime, “B” should be punished. Even the pision Bench of High Court of J&K in case (LPA) No. 184 of 2009 titled addl. Director General of Police Vs. Imtiyaz Ahmad Wani and others has taken the same view”.
The CPI (M) leader said that 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,” Tarigami remarked. (KNS)