Srinagar: Amid assurance by the Jammu and Kashmir chief minister Omar Abdullah that his government is “easing” verification for government jobs and passports, opposition legislator of Peoples Conference filed a petition in the Jammu and Kashmir and Ladakh High Court challenging the misuse of the police verification process.
While interacting with reporters in Srinagar, Omar said that he cannot issue any directions to the Jammu and Kashmir police but he will suggest easing of the exercise.
“It is something on which we can advise or counsel the police department at the moment. We cannot instruct an order. But I do believe that there is some easing of this, there is some scope for further ease, it will happen,” Omar said.
The chief minister said that he had in the past raised the issue with the Additional Director General of Police (ADGP) of CID. “More will be done (for easing the process of verification) when we are a state,” he said.
Hundreds of people in the Valley are struggling to get verification for government jobs and passport issuance due to their relatives having been linked with militancy in the past. The process for very stringent following the abrogation of Article 370 and during the LG's administration.
Earlier today, the Peoples Conference spokesman said that the PC 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, PC spokesman.
He said that 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.
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 remain ethically and constitutionally unjustified," Lone stated.
Citing the Supreme Court's "Bulldozer Judgment," which strongly opposed collective punishment, the 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 under 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 issue had rocked the Jammu and Kashmir legislature in its first session when legislators from the ruling party National Conference and other opposition legislators from PDP had urged the government to review the exercise.
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