Jammu and Kashmir High Court

WP(C)/918/2026 of MUSHTAQ AHMAD BAJARD Vs UNION TERRITORY OF J AND K AND OTHERS (HOME / POLICE) on 4 May 2026

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No. 14 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 918/2026 CM(2406/2026) Mushtaq Ahmad Bajard, Aged 36 Years S/O Naik Mohd Bajard R/O Potushai, Lolab, Kupwara …Appellant(s)/Petitioner(s) Through: Mr. M. A Wani, Advocate Vs. 1. Union Territory of

Serial No. 14

Regular Cause list

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) 918/2026 CM(2406/2026)

Mushtaq Ahmad Bajard, Aged 36 Years

S/O Naik Mohd Bajard

R/O Potushai, Lolab, Kupwara

…Appellant(s)/Petitioner(s)

Through: Mr. M. A Wani, Advocate

Vs.

1. Union Territory of J&K through

Commissioner

Secretary

to

Govt.

Home Department, Civil Secretariat

Jammu/Srinagar

2. Director General of Police, J&K

Srinagar/Jammu

3. Sr. Superintendent of Police, Kupwara

4. Station House Officer, Police Station Sogam, Kupwara

5. Commanding

Officer,

47

RR,

Cheerkote, Lolab, Kupwara C/O 56-

APO

...Respondent(s)

Through: Mr. T.M Shamsi, DSGI with

Ms. Humaira Jan, AC for R-5

CORAM:

HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.

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ORDER

04.05.2026

1. Learned counsel for the petitioner, at the very outset submits that respondent No. 5 be deleted from the array of respondents, as no relief has been claimed against him in this petition. Ordered accordingly.

2. Petitioner, through the medium of this petition, has sought the following reliefs:

a) Issue a Writ/Order/Direction in the nature of Mandamus, thereby directing the respondents to formally acknowledge that the petitioner has never been an Over Ground worker "OGW" and issue a public clarification to this effect.

b) Issue a Writ/Order/Direction in the nature of Mandamus, thereby directing the respondents to forthwith expunge the false and defamatory entry/labeling of the petitioner as an "OGW" over ground worker from all official and public records maintained by Police station Sogam and CID Department.

c) Issue a Writ/Order/Direction in the nature of Mandamus, thereby directing the respondents to take immediate corrective

measures to update and rectify all concerned records, database and verification system to reflect the true status of the petitioner including but not limited to police and CID records, so that the petitioner and his family are not prejudiced or deprived of their legal and constitutional entitlements including issuance of passport and other services.

d) Issue a Writ/Order/Direction in the nature of Mandamus, thereby directing the respondents including SHO concerned and Commanding Officer 47 RR at Cheerkote, Lolab Kupwara not to harass, arrest or detain the petitioner with regard to the subject matter of this writ petition.

e) Issue a Writ/Order/Direction in the nature of Mandamus, thereby directing the respondents to pay compensation of Rs. 10 lakh towards the petitioner for illegally detaining him, off and on, in the police station and Army camp of 47 RR Cheerkote, Lolab Kupwara; and/or,

f) Any other Writ/order/Direction which this Hon'ble Court deems just and proper to issue in the attendant facts and circumstances of the case, be also issued in favour of the Petitioner and against the Respondents in the interest of justice, equity and good conscience.

3. Learned counsel for the petitioner submits that the petitioner would be satisfied, in case the present petition is disposed of at this stage, with a direction to the respondents to consider and decide the representations claimed to have been filed by him within a reasonable time frame.

4. In view of the submissions made by learned counsel for the petitioner and considering the innocuous nature of prayer, the present petition is disposed of at this stage, with a direction to the respondents to consider and decide the representations, stated to have been filed by the petitioner, within a period of six weeks, from the date a certified copy of this order is served upon the respondents.

5. Accordingly, the petition is disposed of on the above terms.

(M. A. CHOWDHARY)

JUDGE

SRINAGAR: 04.05.2026 “Adil Ismail”

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