Mufti Files PIL In J&K High Court Seeking Repatriation Of Undertrial Prisoners Lodged Outside UT

Former Jammu and Kashmir Chief Minister and Peoples Democratic Party (PDP) president Mehbooba Mufti has filed a Public Interest Litigation (PIL) in the Jammu and Kashmir High Court, seeking the transfer of undertrial prisoners from J&K who are currently lodged in jails across India back to prisons within the Union Territory.

“Being a political activist and a Former Chief Minister, a lot of family members of undertrials have been requesting to take up the issue with the Government. We urged the government on the issue of return of the undertrial prisoners who are lodged in jails outside J&K be brought to jails in J&K, but no action has been taken by the government as a result of which, the petitioner, in public interest has preferred the present petition,” the PIL said.

“I humbly seek immediate intervention of this Hon’ble Court by writ of Mandamus, seeking immediate repatriation and direct respondents to transfer forthwith all undertrial prisoners belonging to J&K who are presently lodged in prisons outside the Union Territory to the jails within J&K,” it stated.

The petition further requested that jail authorities inform the court of any “written reasons demonstrating unavoidable, compelling necessity” to continue keeping prisoners outside the Union Territory, adding that “in such exceptional cases, there should be require quarterly judicial review.”

Since 2019, an unspecified number of undertrial prisoners from J&K have been transferred to prisons in other parts of India. Mufti has urged the court to ensure family and legal access by “framing and enforce an access protocol ensuring minimum weekly family interviews in person, unrestricted privileged lawyer-client interviews subject to reasonable regulations, and no denial on cost/escort pretexts.”

The PIL also called for the Legal Services Authorities to “monitor compliance and file quarterly reports.” It sought directions for the physical production of repatriated undertrials, timely evidence recording, and restrictions on adjournments caused by custody logistics.

Mufti has further requested the formation of a two-member oversight and grievance redress committee of retired district judges to “audit under-trial locations, family-contact logs, lawyer-interview registers, and production orders.” The committee, she said, should recommend disciplinary action for non-compliance and submit bi-monthly reports to the court.

Additionally, the petition proposed that authorities “reimburse reasonable travel and accommodation for one family member per month to meet the under-trial in the out-of-State prison, verified by prison records and tickets,” until the repatriation process begins.

“This petition challenges the continuing practice of lodging under-trials belonging to J&K in prisons outside the Union Territory. The practice relegates under-trials to a condition worse than convicts, violates the presumption of innocence, and frustrates core Article 21 which guarantees family contact, effective access to counsel, and a meaningful, speedy trial,” the PIL said.

Mufti argued that the presumption of innocence must remain a cardinal principle. “To punish by distance and separating undertrials from courts and families makes detention indistinguishable from punishment,” it added.