Srinagar, Jan 2: Sajad Lone, President of the Jammu and Kashmir Peoples Conference and MLA Handwara, has filed a Public Interest Litigation (PIL) in the High Court of Jammu & Kashmir and Ladakh, challenging the misuse of police verification processes. The petition, submitted through Advocate Syed Sajad Geelani, seeks to rectify systemic flaws and ensure justice for affected citizens.
The PIL alleges the increasing misuse of police verifications as a “tool of collective punishment,” where individuals are penalized for the actions or affiliations of their family members. Lone emphasized that the process must focus on an individual’s conduct, not factors beyond their control.
“The current system denies citizens basic rights, such as employment, passports, and essential opportunities. The verification process must be transparent, fair, and in line with legal standards,” Lone stated.
Call for Enforcement of Guidelines
The PIL urges the strict implementation of existing rules, including the Jammu & Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, along with amendments introduced via 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.
“These guidelines are often overlooked, causing unnecessary hardship for citizens. Proper enforcement is crucial to prevent unfair punishments based on irrelevant factors,” Lone added.
Constitutional Concerns Raised
The petition also raises constitutional issues, 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 using the actions of relatives in police verifications is not only unethical but also unconstitutional.
“When police verifications are influenced by irrelevant factors, they become unjustified, violating fundamental rights and imposing severe economic, social, and emotional hardships,” he remarked.
Reference to Supreme Court Judgment
Lone referenced the Supreme Court’s “Bulldozer Judgment,” which condemned collective punishment.
“The Supreme Court has reinforced the principle that no individual should suffer for the actions of others. Police verifications must remain focused solely on the individual concerned,” he said.
A Commitment to Justice, Not Politics
Dismissing any notion of political motivation, Lone affirmed that the PIL stems from a genuine commitment to justice and constitutional values.
“This petition includes real-life cases showcasing the hardships caused by arbitrary police verification practices. It is about safeguarding the dignity and rights of the people,” he asserted.
The PIL, which has been submitted to the court registry, is currently under procedural review and will be listed for a hearing once cleared.
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