SRINAGAR: People’s Democratic Party (PDP) president and former Chief Minister Mehbooba Mufti has moved the Jammu Kashmir and Ladakh High Court, seeking directions for the immediate transfer of all undertrial prisoners from the Union Territory who are currently lodged in jails outside Jammu Kashmir, according to News Arena India.
In her public interest litigation, Mufti has requested that all such prisoners be shifted back to local jails unless the authorities provide specific, written reasons justifying their continued detention outside the region.
According to the petition, several families of undertrial prisoners had approached Mufti, urging her to take up the matter with the government. However, the plea states that no steps were taken, prompting her to seek judicial intervention under Article 226 of the Constitution.
The petition calls for a writ of mandamus directing the Union government, the Jammu and Kashmir Home Department, and the Director General of Police to facilitate the transfer of all undertrial prisoners back to Jammu Kashmir. It also seeks quarterly judicial reviews in exceptional cases where continued detention outside the UT is deemed necessary.
Highlighting the situation since the abrogation of Article 370 in 2019, Mufti noted that thousands of individuals facing investigation or trial in JK have been lodged in prisons across India. She argued that keeping prisoners far from their home state hampers court appearances, family visits, and meetings with legal counsel, while also placing severe financial strain on their families.
The petition further demands that one family member of each undertrial be compensated for reasonable travel and lodging expenses to visit the prisoner once a month, verified through prison records and travel tickets, until their transfer back to JK is completed.
