Mehbooba Mufti Files Plea for Return of J&K Undertrials Lodged in External Prisons

Former Chief Minister of Jammu and Kashmir, Mehbooba Mufti, has initiated legal action by filing a Public Interest Litigation (PIL) in the Jammu and Kashmir High Court. The petition calls for the repatriation of undertrial prisoners from Jammu and Kashmir who are currently held in various jails outside the Union Territory.Mufti, who is the president of the Peoples Democratic Party (PDP), stated that she has been approached by numerous families of these undertrials, urging her to address this issue with the government The PIL contends that the government's inaction on this matter has necessitated her appeal to the judiciary in the public interest.The petition argues that holding undertrials in distant prisons is a violation of their fundamental rights and treats them worse than convicted criminals It emphasizes that this practice undermines the presumption of innocence and infringes upon Article 21 of the Constitution, which guarantees the right to life and personal liberty, including the right to a speedy and fair trial Mufti's plea highlights the practical difficulties faced by these prisoners, such as limited access to their legal counsel and the emotional and financial strain placed on their families who are unable to visit them regularlyThe litigation seeks a directive from the court to the Union government, the J&K Home Department, and the Director General of Police to facilitate the immediate transfer of all such undertrial prisoners back to jails within Jammu and Kashmir. The plea also suggests that in exceptional circumstances where a prisoner must be held outside the Union Territory, the authorities should be required to provide a written justification, which would be subject to a quarterly judicial review.Furthermore, the PIL advocates for the implementation of a protocol to ensure that the undertrials have regular contact with their families and lawyers. This includes provisions for weekly in-person family visits and unrestricted, private consultations between the prisoners and their legal representatives, without these being denied due to costs or the unavailability of escorts.The petition also proposes that Legal Services Authorities should be tasked with monitoring adherence to these protocols and submitting quarterly compliance reports This legal challenge has brought significant attention to the rights and welfare of undertrial prisoners from Jammu and Kashmir, particularly since the abrogation of Article 370 on August 5, 2019, after which many were moved to prisons outside the region.