Serial No. 100 Supp. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2234/2025 CM No. 5914/2025 SYED MOHAMMAD RAFIQ SHAH. …Petitioner/Appellant(s) Through: Mr. M. A. Wani, Adv. Vs. UNION TERRITORY OF J&K AND ORS. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 16.09.2025 1. Heard learned counsel for the petitioner. 2. The case of the petitioner in nutshell is that he is a domicile of the UT of Jammu & Kashmir and a citizen of India commanding great respect in the society. That he has at his credit a distinguished record of public service and has never been involved in any unlawful activities. That he served as a member of the legislative council (MLC) for six years, when he was affiliated with the Panther’s party. That presently he has been discharging his responsibilities as a District President of BJP Kupwara and has earned the public trust. That his family has been in-fact a victim of militancy. That his father was a well known congress leader of the area on account of which fact, his family was specifically targeted during the early time of militancy so much so that he along with his family was forced to go into hiding , moving from one place to another to save their lives. That he was shocked and grieved to know that he has been falsely and baselessly labeled as a released terrorist in public and in the record of CID Department. That such a critical entry is highly violative of his fundamental rights to life and dignity besides being unjust and unethical. That he has never been involved in any criminal case. That he has consistently worked for peace, development and democratic process which is evident from his long- standing association with main stream national parties. That there is no FIR registered against him nor has he ever been detained on account of any charges. That the Senior Superintendent of Police, Kupwara upon being approached by him has already issued a communication dated 30.12.2023 ordering the removal of his name from the list of released terrorists in the record of Police Station Trehgam. That the Senior Superintendent of Police, Kupwara has also in a report dated 29.06.1996 addressed to the Deputy Commissioner, Kupwara regarding verification of the members of a society that there is nothing adverse against him. That the Senior Superintendent of Police, Kupwara again in his report dated 29.07.2010 addressed to Additional Director General of Police, CID J&K, Srinagar in respect of issuance of a Gun license in his favour reported that there is nothing adverse against the petitioner nor is there any criminal case registered against him. That the office of Inspector General of Police CID J&K, Jammu again vide its communication dated 23.02.2016 addressed to Managing Director J&K State Forest Corporation, Jammu reported that there is nothing adverse against him at the end of CID/Police Agency. That because of the wrongful entry sought to be removed, he as well as his family is being denied passports and essential services amounting to deprivation of his legal rights. 3. The petitioner has accordingly sought for issuance of directions/writs in the nature of mandamus for commanding the respondents to forthwith expunge the false and defamatory entry labeling him as a “released terrorist” from all official and public records maintained by Police Station Trehgam and the CID Department. 4. It is further submitted by the learned counsel for the petitioner that, having regard to the facts and circumstances of the case and the relief sought, the matter can be disposed of even at this threshold stage by passing of appropriate directions upon the respondents which are not likely to prejudice their interests. 5. Considering the case presented by the petitioner and the copies of documents enclosed as Annexures, this court is of the opinion that it may meet the ends of justice in case the matter is disposed of at this stage by passing of appropriate directions to the respondents in consonance with law and the ends of justice. 6. Accordingly, the instant petition is disposed of at this stage with the direction to the respondents to expeditiously reconsider the record available with them concerning the character and antecedents of the petitioner. Due regard shall be given to the reports/communications already made in respect of his character verification, and as, referred to in this order. The respondents shall rectify the record accordingly and submit a compliance report to the Registry of this court within a period of eight weeks. 7. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 16.09.2025 “Sakeena-PS”