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MLA Sajad Lone files PIL in J&K High Court to ensure fair police verifications

Srinagar: J&K Peoples Conference President and MLA Handwara Sajad Lone has filed a Public Interest Litigation (PIL) before the High Court of Jammu & Kashmir and Ladakh in Srinagar, challenging the misuse of the police verification process.

The PIL, submitted through Advocate Syed Sajad Geelani, seeks to address the “growing misuse” of police verifications as a “tool of collective punishment, targeting individuals based on the actions or affiliations of their family members.”

Lone’s move comes in response to his earlier commitment to protect the rights of citizens, emphasizing that the police verification process should not penalize individuals for factors outside their control, particularly the conduct of their relatives.

The current system has been used to deny citizens their basic rights, such as employment, access to passports, and other essential opportunities. The verification process must remain transparent, fair, and aligned with legal standards, he said in a statement.

PC President added that the petition calls for the strict enforcement of the Jammu & Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, along with Amendments introduced through Government Order No. 528-JK(GAD) of 2021 and Circular No. 05-JK(GAD) of 2024, which mandate clear timelines for police verifications.

“These guidelines, which focus solely on an individual’s criminal record, are often overlooked, causing unnecessary difficulties. We are committed to ensuring their proper enforcement so no citizen is unfairly punished for the actions of others,” Lone asserted.

He said the PIL also highlights violations of Articles 14, 19(1)(g), and 21 of the Indian Constitution, which guarantee equality, the freedom to pursue any profession, and the right to live with dignity.

“When police verifications are based on irrelevant factors, such as the actions of a person’s relatives, it not only violates their rights but subjects them to undue hardships which remains ethically and constitutionally unjustified,” Lone stated.

Citing the Supreme Court’s “Bulldozer Judgment,” which strongly opposed collective punishment, PC President said the petition stresses that police verifications should focus solely on the individual in question.

“The Supreme Court’s ruling reinforces the principle that no individual should suffer because of others’ actions,” Lone noted. “We seek to ensure that every citizen is treated fairly and in accordance with the law.”

He further clarified that this PIL is not driven by politics but by a commitment to justice, equality, and the protection of constitutional rights.

“The petition includes real-life cases that illustrate the severe economic, social, and emotional hardships caused by arbitrary police verification practices. This is about safeguarding the dignity and rights of the people. We will continue to fight for justice for the citizens of Jammu & Kashmir,” he affirmed.

The PIL has been submitted to the court registry and is under procedural review. It will be listed for hearing once cleared by the registry.

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