TDD Correspondent
Srinagar, (TDD) Jammu and Kashmir Peoples Conference President and MLA Handwara, Sajad Lone, today filed a Public Interest Litigation (PIL) in the Jammu & Kashmir High Court, challenging the misuse of police verification processes.
The petition, filed through Advocate Syed Sajad Geelani, seeks to address systemic issues and ensure justice for affected citizens.
The PIL specifically highlights the “growing misuse of police verifications as a tool of collective punishment,” alleging that individuals are being targeted for the actions or affiliations of their family members, rather than their own conduct. Lone argues that the process should focus exclusively on an individual’s behavior and not penalize them for factors outside their control.
In his petition, Lone pointed out that the police verification process has been used to deny citizens basic rights such as employment, access to passports, and other essential opportunities. He emphasized the need for the verification process to remain transparent, fair, and aligned with legal standards.
The PIL also calls for the strict enforcement of existing guidelines, including the Jammu & Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, along with recent amendments introduced through Government Order No. 528-JK(GAD) of 2021 and Circular No. 05-JK(GAD) of 2024. These directives outline clear timelines and procedural fairness for police verifications, focusing solely on an individual’s criminal record.
“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 raises constitutional concerns, citing violations of Articles 14, 19(1)(g), and 21, which guarantee equality, freedom to pursue a profession, and the right to live with dignity. Lone contends 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, referencing the Supreme Court’s “Bulldozer Judgment”, which strongly opposed collective punishment and reaffirmed that 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 has been submitted to the court registry and is currently under procedural review. It will be listed for hearing once cleared by the registry. (TDD)
