Srinagar, Oct 25: PDP president and former chief minister Mehbooba Mufti has approached the Jammu and Kashmir High Court, filing a petition seeking the immediate transfer of all undertrial prisoners from the Union Territory currently lodged in jails outside J-K.
In her plea, Mufti urged that undertrial prisoners be brought back to local jails unless authorities present written, case-specific reasons demonstrating a compelling necessity to keep them outside J-K. She further requested that any such exceptional cases be subject to quarterly judicial review.
“The petitioner has received multiple requests from families of undertrial prisoners to take up this matter with the government. Despite repeated representations, no action has been taken, necessitating this public-interest petition,” the plea stated.
Highlighting the challenges faced by undertrials, Mufti noted that many J-K residents are lodged far from the Union Territory despite investigations and trials being conducted locally. This, she said, severely restricts access to courts, legal counsel, and family visits, imposing high travel costs on families.
“The continued practice of transferring undertrials outside J-K denies them fundamental rights under Article 21, undermines the presumption of innocence, and restricts meaningful access to legal counsel and family,” she said. The plea emphasized that international and national standards, including the Model Prison Manual, require humane treatment and regular lawyer and family access for undertrials.
Mufti also sought the establishment of strict protocols to ensure weekly family visits, unhindered lawyer client meetings, and priority physical production in court, along with timelines for recording evidence and avoiding delays due to custody logistics.
Additionally, she proposed a two member oversight committee, including a retired High Court judge and a member of the State Legal Services Authority, to monitor undertrial conditions, family contact logs, and compliance, submitting bi monthly reports to the court.
The petition also requested reimbursement for travel and accommodation costs for one family member per month to visit undertrials in out of state prisons until their repatriation is completed.