PDP president and former Jammu & Kashmir chief minister Mehbooba Mufti has moved the J&K High Court seeking the immediate repatriation of undertrial prisoners currently lodged in prisons outside the Union Territory. Highlighting issues of family access, legal counsel, and basic rights, she urged the court to ensure these prisoners are brought back to local jails unless exceptional, justified reasons exist for their continued detention elsewhere. Click Here To Follow Our WhatsApp Channel
1️⃣ Mehbooba Mufti Files Petition in J&K High Court
PDP president and former chief minister Mehbooba Mufti has approached the Jammu & Kashmir High Court seeking urgent intervention regarding the condition of undertrial prisoners from J-K who are currently lodged in jails across different states of India.
2️⃣ Demand for Return of Undertrial Prisoners
In her plea, Mehbooba has requested immediate transfer of all these undertrial prisoners back to jails within Jammu and Kashmir. She argues that their detention outside the UT is causing them and their families unnecessary suffering.
3️⃣ Challenge to Lodging Prisoners Outside J&K
The petition questions the continued practice of sending undertrial prisoners to prisons far away from their homes, especially when the cases against them are registered and being heard by courts in J-K itself. Mehbooba says such placement has no legal justification unless backed by strong, case-specific reasons.
4️⃣ Rights of Undertrials Highlighted
Mehbooba emphasizes that undertrials are presumed innocent until proven guilty. Housing them outside the UT restricts their fundamental rights and places them in harsher situations than convicted prisoners, which she says is unconstitutional and unjustified.
5️⃣ Impact After Article 370 Abrogation
She notes that the practice intensified after the abrogation of Article 370 in August 2019. Many people being investigated or facing trial in J-K were shifted to prisons hundreds of kilometres away, causing severe psychological and logistical challenges.
6️⃣ Concerns Over Family Access
Family members of such undertrials often cannot meet them due to high travel costs and long distances. The plea highlights how regular family interaction is crucial to mental well-being and is recognized as a basic human right in prison guidelines.
7️⃣ Legal Counsel Difficulties Cited
Mehbooba points out that many cases involve complex evidence and large witness lists. Proper defence requires sustained and private communication between undertrials and their lawyers. That becomes nearly impossible when prisoners are kept in far-off states, negatively affecting their right to a fair trial.
8️⃣ Violation of Article 21 Alleged
She argues that this practice violates Article 21 of the Constitution, which guarantees dignity, speedy justice and effective legal access. The petition compares current conditions to “punishment by process” where simply facing trial becomes a form of suffering.
9️⃣ Request for Judicial Oversight Mechanism
The plea seeks quarterly judicial reviews of any prisoners who, in exceptional cases, must remain outside J-K. It also suggests establishing a two-member oversight committee—featuring a retired judge and a State Legal Services Authority representative—to ensure lawful custody conditions and monitor compliance.
🔟 Compensation and Travel Support Sought
Until repatriation is complete, she requests reimbursement of basic travel and stay expenses for one family member to meet the undertrial every month. She also demands mandatory weekly in-person family meetings and unrestricted lawyer-client consultations adhering to national and international prison standards.
The petition underscores the need for humane treatment, adherence to constitutional rights, and judicial oversight in handling undertrial prisoners. By seeking regular family contact, unrestricted legal consultations, and proper monitoring, Mehbooba Mufti aims to ensure that justice is not only done but seen to be done, while reducing unnecessary hardship on prisoners and their families.
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