Mehbooba moves PIL plea to shift J&K undertrials home

Former Jammu and Kashmir chief minister and Peoples Democratic Party (PDP) president Mehbooba Mufti has moved a Public Interest Litigation (PIL) before the J&K High Court to bring to the State locals who are lodged as under-trial prisoners in jails outside Jammu and Kashmir.

“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.

She said the court should also be informed by the jail authorities about “written reasons demonstrating unavoidable, compelling necessity” to keep them outside the jails. “In such exceptional cases, there should be require quarterly judicial review.”

An unknown number of undertrials from J&K were shifted to different jails in the mainland since 2019. Ms. Mufti has pleaded before the court to ensure family and counsel access protocol 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”.

It urged the court that the Legal Services Authorities “should monitor compliance and file quarterly reports”. The PIL also drew attention to physical production of repatriated under-trials and fix timelines for evidence recording and prevent adjournments attributable to custody logistics.

Call for grievance redress committee

The PIL also pleaded before the court to constitute a two-member oversight and grievance redress committee of retired district judge to “audit under-trial locations, family-contact logs, lawyer-interview registers, and production orders”. It should also recommend disciplinary action for non-compliance and submit bi-monthly status reports to the court.

It also “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”, till the repatriation process starts.

“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.

Ms. Mufti, in the PIL, advocated that the presumption of innocence should be a cardinal principle. “To punish by distance and separating undertrials from courts and families makes detention indistinguishable from punishment,” it added.