Srinagar, Oct 25: People’s Democratic Party (PDP) president and former chief minister Mehbooba Mufti has approached the Jammu and Kashmir High Court, seeking the immediate transfer of all undertrial prisoners from the Union Territory who are currently lodged in jails outside J&K.
In her petition, Mufti urged the court to direct the Union government, the J&K Home Department, and the Director General of Police to repatriate all such undertrials unless authorities provide written, case-specific reasons demonstrating a compelling necessity to keep them outside the UT. She also requested quarterly judicial reviews of such exceptional cases.
Mufti said she filed the plea in public interest after repeated appeals from families of undertrials went unanswered by the government. “Despite urging the authorities to bring back prisoners lodged in outside jails, no action has been taken,” the petition stated.
Citing Article 226 of the Constitution, the PDP chief argued that incarcerating J&K residents hundreds of kilometres away violates their constitutional rights, including access to courts, family visits, and legal counsel. “FIRs are registered and trials held within J&K, yet incarceration occurs far away, imposing crippling costs on indigent families,” she said.
The petition contends that the practice—widespread since the abrogation of Article 370 in August 2019—violates Article 21 of the Constitution, which guarantees personal liberty, humane treatment, and a speedy trial. It argues that housing undertrials outside J&K places them in conditions “worse than convicts” and effectively punishes them before conviction.
Mufti also sought court directions to ensure regular family and lawyer access, mandating weekly family meetings and unrestricted lawyer-client interactions under reasonable regulations. She proposed an oversight committee comprising a retired High Court judge and a member of the State Legal Services Authority to monitor compliance and submit bi-monthly reports.
The PDP leader further requested that one family member of each undertrial be reimbursed for travel and accommodation expenses to visit the prisoner monthly until repatriation is complete. (Agencies)
