Srinagar, 2 January 2024 - J&K 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 alleged misuse of the police verification process.
The petition addresses concerns over the practice being used as a tool of collective punishment, unfairly targeting people based on the actions or affiliations of their family members.
Filed through Advocate Syed Sajad Geelani, Lone’s PIL seeks reform in the system, ensuring that the police verification process remains fair and does not penalize individuals for circumstances beyond their control. "The current system has been used to deny citizens their basic rights, such as employment, access to passports, and other essential opportunities," Lone said.
"It is imperative that the verification process remains transparent, fair, and aligned with legal standards."
The petition calls for the strict implementation of the Jammu & Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, along with the amendments introduced by Government Order No. 528-JK(GAD) of 2021 and Circular No. 05-JK(GAD) of 2024, which establish clear timelines for police verifications.
Lone said that these guidelines, which are meant to focus on an individual’s criminal record, are often ignored, leading to unnecessary difficulties for citizens.
"These guidelines focus solely on an individual’s criminal record and should be enforced properly so that no citizen is unfairly punished for the actions of others," he asserted.
The PIL also raises concerns over 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. Lone argued, "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."
Citing the Supreme Court's "Bulldozer Judgment," which condemned collective punishment, he stressed that the police verification process should focus on the individual alone. "We seek to ensure that every citizen is treated fairly and in accordance with the law," Lone noted.
Lone clarified that the PIL is driven by a commitment to justice and the protection of citizens' rights, rather than political motives. "This is about safeguarding the dignity and rights of the people," he affirmed. "We will continue to fight for justice for the citizens of Jammu & Kashmir."
The PIL is currently under procedural review by the court registry and will be listed for hearing once cleared.