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The Jammu and Kashmir and Ladakh High Court recently issued a notice to the Union Territory of Jammu and Kashmir Administration in response to a petition filed by a journalist who claimed he had been harassed by police. As a journalist by trade, petitioner Iftikhar Rasheed claimed harassment and threats from police authorities, alleging that they had done so with full knowledge of the facts and that this had resulted in harassment not only of the petitioner but also of his family. Furthermore, it was indicated that the petitioner was experiencing financial difficulties with a number of individuals, including police officers Gh. Mohammad (SPO), Haroon Rashid (SPO), and Mohammad Iqbal Wani (owner of a diamond business), which had arisen a few months earlier.
Furthermore, it was alleged that he was being harassed by the police at the direction of the aforementioned individuals without any basis or legal explanation. Furthermore, it was said in the writ petition that they had made the petitioner's and his family's lives miserable by invading the petitioner's home and repeatedly calling the petitioner into the police station, so obliging him to make payments to the previously mentioned individuals. The petitioner filed a petition with the High Court, claiming that it was a breach of his or her right to liberty, which is granted under Article 21 of the Constitution. Importantly, he stated before the Court that he had approached the Court directly because there was no police complaint authority at the district level that could deal with his complaint against officers up to and including the rank of Deputy Superintendent of Police and no State Authority that could deal with complaints against officers up to and including the rank of Superintendent of Police and above.
As a result, recognising that no one could take such a move as petitioning the Court on the basis of erroneous threats or allegations, the Court, supposing the petitioner was correct, issued the notices in the petitioner's favour. As an interim measure, the Court ordered that the petitioner and his family be protected from harassment and that, in the event that any situation requires action, the case be handled in line with the law.
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