A minor cannot be denied a passport for the alleged activities of the minor's father.

Headnote:
Passport - Minor - A minor cannot be denied a passport for alleged anti-national/illegal activities committed by the minor's father.
Fact of the Case:

The petitioner, a minor, applied for a passport but it was refused based on an adverse report from the State Police Department regarding the petitioner's father's activities.
Finding of the Court:

The court found that there were no sufficient grounds to refuse the passport to the petitioner, as a minor cannot be punished for the unlawful acts of the father.
Issues: Refusal of passport to a minor based on the alleged activities of the minor's father.
Ratio Decidendi: A minor cannot be denied a passport for the alleged anti-national/illegal activities committed by the minor's father.
Final Decision: The petition was allowed, and the respondents were directed to process the case of the petitioner for the grant of a passport.

1. The petitioner is a minor. He has filed the present petition through his grandfather namely Peer Mahmood. He applied to the Passport Officer for grant of a passport but the same has not been issued to him by the Passport Officer on the ground that an adverse report has been received by him from the State Police Department. The respondents 2 and 3 in their reply state that the petitioner's father had crossed over the LoC for receiving training to perform subversive activities. It is on this ground that the passport of the petitioner has not been issued. The petitioner is aggrieved and prays for direction to the respondents to issue passport in his favour.

2. On consideration I find that no sufficient grounds exist for refusal of passport to the petitioner. A minor cannot be punished for the unlawful acts, if any, committed by his father. The petitioner cannot be denied a passport for alleged anti-national/illegal activities committed by the petitioner's father. The ground taken by the respondents to refuse grant of passport in favour of the petitioner cannot sustain.

3. The petition is therefore allowed and the respondents are directed to process the case of the petitioner for grant of passport under rules provided there is no other illegal impediment in it.

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2010 Supreme(J&K) 285

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGARHakim Imtiyaz Hussain, J.Afnan Ahmad -AppellantVersusUnion Of India & Ors. -ResopndentOWP No. 617-2009Decided On : 17-04-2010

A minor cannot be denied a passport for the alleged activities of the minor's father.

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Hakim Imtiyaz Hussain, J.
Afnan Ahmad -Appellant
Versus
Union Of India & Ors. -Resopndent
OWP No. 617-2009
Decided On : 17-04-2010