Srinagar, Oct 25 (KNS): Former Jammu and Kashmir Chief Minister and Peoples Democratic Party (PDP) president Mehbooba Mufti has filed a petition in the Jammu and Kashmir High Court seeking protection of the rights of undertrial prisoners who have been lodged in jails for prolonged periods.
In her petition, Mufti urged the court to ensure that undertrial prisoners receive timely justice and legal assistance. She specifically requested that those currently held in prisons outside the Union Territory be transferred back to local jails unless authorities provide written, case-specific reasons justifying their continued detention outside the region. She also sought judicial review of such cases every three months.
Mufti said that prior to filing the petition, she had appealed to the government for the transfer of undertrial prisoners back to Jammu and Kashmir, but no action was taken. “I am filing this petition in public interest to ensure that the rights of undertrial prisoners are protected,” she said.
Invoking Article 226 of the Constitution of India, she requested that the court direct the central government, the Jammu and Kashmir Home Department, and the Director General of Police to immediately transfer all undertrial prisoners currently lodged outside the UT back to local prisons. Mufti highlighted the difficulties faced by prisoners and their families.
“After August 5, 2019, following the abrogation of Article 370, several residents facing investigation or trial were lodged in jails outside Jammu and Kashmir.Click Here To Follow Our WhatsApp ChannelThis causes huge hardship for families in terms of travel and access to legal counsel,” she said.
The petition also criticized the practice of keeping undertrial prisoners far from their homes, saying it violates their right to a fair trial and fundamental rights under Article 21. “It prevents regular family visits and lawyer consultations, and keeps prisoners in conditions worse than those of convicted inmates,” she said.
Mufti proposed specific measures, including a protocol ensuring weekly family visits, private lawyer-client meetings without obstruction, and coverage of travel costs for families. She also called for the establishment of a two-member oversight and grievance redressal committee, headed by a retired High Court judge, to monitor compliance.
The petition seeks quarterly reporting to the court on the status of undertrial prisoners, audits of custody logs, lawyer-client meeting registers, and production orders by the State Legal Services Authority (SLSA). It also requests that families be provided financial support for travel and accommodation until prisoners are brought back to Jammu and Kashmir.
Mufti stressed the need for timely trial proceedings, noting that distant transfers make it impossible for lawyers and prisoners to collaborate effectively on cases with extensive evidence and witness lists. The petition calls for clear timelines for producing prisoners in court and measures to prevent delays caused by custody logistics.(KNS)