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Home Kashmir

Sajad Lone files PIL in J&K High Court against “misuse” of police verifications

News Desk by News Desk
January 2, 2025
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Srinagar, Jan 02 : Jammu and Kashmir Peoples Conference President and MLA Handwara, Sajad Lone, has filed a Public Interest Litigation (PIL) in the High Court of Jammu & Kashmir and Ladakh, challenging the misuse of police verification processes. The PIL, filed through Advocate Syed Sajad Geelani, seeks to address systemic issues and ensure justice for citizens.

Petition, a copy of which is in possession of news agency—Kashmir News Observer (KNO), specifically claims the “growing misuse of police verifications as a tool of collective punishment, targeting individuals for the actions or affiliations of their family members.” Lone has stated that the process should focus solely on an individual’s conduct and not penalize them for factors beyond their control.

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“The current system has been used to deny citizens their basic rights, such as employment, access to passports, and other essential opportunities. It is imperative that the verification process remains transparent, fair, and aligned with legal standards,” Lone stated.

The PIL calls for the strict enforcement of existing guidelines, including the Jammu & Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, as well as amendments introduced through Government Order No. 528-JK(GAD) of 2021 and Circular No. 05-JK(GAD) of 2024. These directives mandate clear timelines and procedural fairness in police verifications, focusing exclusively on an individual’s criminal record.a

“These guidelines are often ignored, leading to unnecessary difficulties for citizens. We are committed to ensuring their proper enforcement to prevent unfair punishment based on irrelevant factors,” Lone added.

The petition also raises constitutional concerns, citing violations of Articles 14, 19(1)(g), and 21, which guarantee equality, the freedom to pursue a profession, and the right to live with dignity. Lone argued that police verifications based on the actions of relatives not only violate fundamental rights but also impose severe economic, social, and emotional hardships.

“When police verifications are influenced by irrelevant factors, they become ethically and constitutionally unjustified,” Lone remarked.

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He referenced the Supreme Court’s “Bulldozer Judgment,” which strongly opposed collective punishment, stressing that police verifications should focus solely on the individual concerned.
“The Supreme Court’s ruling reinforces the principle that no individual should suffer because of others’ actions,” Lone noted. “We aim to ensure that every citizen is treated fairly and in accordance with the law.”

Lone clarified that the PIL is not politically motivated but stems from a commitment to justice, equality, and the protection of constitutional rights. “This petition includes real-life cases that showcase the economic, social, and emotional hardships caused by arbitrary police verification practices. It is about safeguarding the dignity and rights of the people,” he affirmed.

The PIL, which has been submitted to the court registry, is currently under procedural review and will be listed for hearing once cleared by the registry—(KNO)

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