Srinagar, Jan 2 : Sajad Lone, President of the Jammu and Kashmir Peoples Conference and MLA from Handwara, has filed a Public Interest Litigation (PIL) in the High Court of Jammu and Kashmir and Ladakh, seeking to address what he termed the misuse of police verification processes as a tool for collective punishment.
Filed through Advocate Syed Sajad Geelani, the PIL aims to highlight systemic flaws and ensure justice for individuals unfairly targeted by the current system. The petition alleges that police verification is increasingly being misused to punish individuals based on the actions or affiliations of their family members, rather than focusing on their personal conduct.
โThe police verification process should be limited to assessing an individualโs behavior and should not penalize them for factors beyond their control,โ Lone asserted. He highlighted that this misuse has deprived many of basic rights such as employment, passports, and other opportunities. โThe process must be transparent, fair, and adhere strictly to legal standards,โ he added.
The PIL calls for the enforcement of guidelines laid out in the Jammu & Kashmir Civil Services (Validation of Character and Antecedents) Instructions, 1997, and subsequent amendments introduced through Government Order No. 528-JK(GAD) of 2021 and Circular No. 05-JK(GAD) of 2024. These directives emphasize clear timelines and procedural fairness, ensuring that verifications are based solely on the individualโs criminal record.
โThese guidelines are often ignored, causing unnecessary hardships for citizens,โ Lone noted. โWe aim to ensure that these provisions are upheld to prevent unjust actions that undermine citizensโ rights.โ
The petition also raises constitutional concerns, citing violations of Articles 14, 19(1)(g), and 21, which guarantee equality before the law, the right to pursue a profession, and the right to live with dignity. Lone argued that targeting individuals for their relativesโ actions breaches fundamental rights and imposes severe economic, social, and emotional burdens.
โWhen police verifications are influenced by irrelevant factors, they become both ethically and constitutionally indefensible,โ he remarked, referencing the Supreme Courtโs โBulldozer Judgment,โ which strongly condemned the concept of collective punishment. โThe Supreme Courtโs ruling underscores that no individual should be punished for the actions of others,โ Lone added.
He emphasized that the PIL is not politically motivated but stems from a commitment to justice and equality. โThis is about safeguarding the dignity and rights of citizens. The petition includes real-life cases that demonstrate the profound hardships caused by arbitrary verification practices,โ Lone said.
