Mehbooba Mufti Petitions High Court for Return of J&K Undertrial Prisoners Lodged Outside UT

Srinagar, Oct 25: Peoples Democratic Party (PDP) president and former chief minister Mehbooba Mufti has approached the Jammu and Kashmir High Court, seeking the transfer of all undertrial prisoners from the Union Territory who are currently lodged in jails outside Jammu and Kashmir.

In her petition, Mufti requested the court to direct authorities to bring back all such prisoners unless case-specific, written reasons are provided showing compelling necessity to keep them outside the UT. She also urged that such cases undergo quarterly judicial review.

Mufti stated that as a political leader, she had been approached by numerous families of undertrial prisoners requesting her intervention on the matter. Despite her appeals to the government, no action had been taken, prompting her to move the High Court in public interest.

Filed under Article 226 of the Constitution, the plea seeks a writ of mandamus directing the Union government, J&K Home Department, and Director General of Police to immediately repatriate all undertrial prisoners belonging to J&K who are detained outside the Union Territory.

The PDP chief argued that since the abrogation of Article 370 on August 5, 2019, many J&K residents facing investigation or trial within the region have been shifted to distant prisons. This, she said, restricts court access, hampers family visits, and imposes heavy travel costs on families.

The plea asserts that the continued practice of housing J&K undertrials in prisons outside the UT violates the presumption of innocence, undermines the right to a fair and speedy trial, and infringes upon Article 21 of the Constitution, which ensures dignity, family contact, and access to legal counsel.

Citing international and national prison standards, including the Model Prison Manual, Mufti stressed that undertrials must be treated humanely and distinctly from convicts, with regular family and lawyer access.

The petition also calls for:

• Weekly family interviews and unrestricted lawyer-client meetings,
• Oversight by a two-member grievance redress committee comprising a retired High Court judge and a member of the State Legal Services Authority,
• Reimbursement of travel expenses for one family member visiting the undertrial monthly until repatriation, and
• Time-bound trials with minimal adjournments due to custody logistics.

Mufti’s petition emphasizes that justice must not be denied by distance and that the rights of undertrial prisoners from J&K must be protected through immediate judicial intervention.