Srinagar, Oct 12: The High Court of Jammu and Kashmir and Ladakh has dismissed a petition filed by Farhat Ali Khanday seeking removal of his name from the list of Over Ground Workers (OGWs) maintained by the police, observing that the issues concerning his alleged links with terrorists and dismissal from government service are pending adjudication before competent forums.
Justice Sanjay Dhar, while deciding the petition held that the petitioner could not seek removal of his name from the OGW list as long as he was facing trial in a case alleging involvement in offences relating to terrorist activities and his dismissal from service on national security grounds had not been set aside by a competent court.
The petition challenged a status report submitted by the Station House Officer (SHO), Police Station Banihal before the Judicial Magistrate first class, Banihal, on July 22, 2026, insofar as it included Khanday’s name in the list of OGWs.
According to the petitioner, his name had been removed from the list in 2021 but was re-entered in 2022. He argued that the pendency of a criminal case under the Unlawful Activities (Prevention) Act (UAPA) could not, by itself, justify describing him as an OGW of terrorists.
The petitioner had earlier been a government employee. His services were terminated through a government order dated April 8, 2026, under Article 311(2)(c) of the Constitution, on the ground that he was allegedly an OGW of militants. He has challenged the termination before the Central Administrative Tribunal (CAT), Jammu, where the matter remains pending.
Khanday is also facing trial in connection with FIR No. 65/2011 registered at Police Station Banihal under various provisions of the UAPA. A challan in the case has been presented before the competent court at Jammu.
The petitioner contended that his continued inclusion in the OGW list carried serious civil and service consequences and was stigmatic in nature.
However, the High Court observed that the question of whether he was an OGW or had directly or indirectly aided terrorists was pending determination before the criminal court. The issue of whether he posed a security risk, which formed the basis of his dismissal without an inquiry, was also pending before the CAT.
The court said these matters could not be determined in the present proceedings at this stage.
Justice Dhar clarified that if the petitioner succeeds in the pending criminal and service-related proceedings, he would be at liberty to challenge his inclusion in the OGW list.
Finding no merit in the petition, the High Court dismissed it.
