PDP chief moves J&K High Court seeking transfer of Kashmiri undertrials from outside prisons

Peoples Democratic Party (PDP) president and former chief minister Mehbooba Mufti has filed a petition before the Jammu and Kashmir and Ladakh High Court seeking directions for the transfer of all undertrial prisoners from jails outside the Union Territory to local prisons. She has also sought comprehensive prison reforms across Jammu and Kashmir.

In her plea, Mufti has argued that the continued detention of Kashmiri undertrials in prisons outside J&K is “unjust and unlawful,” as it deprives them of family contact, legal access and the guarantees of a fair trial.

Alongside the petition, Mufti has written to the Union Home Minister and the Lieutenant Governor of J&K, urging an immediate review of all cases registered under the Unlawful Activities (Prevention) Act (UAPA) and the Public Safety Act (PSA). She has demanded that detention policies be aligned with constitutional principles and human rights standards.

“Keeping prisoners hundreds of miles away from their homes is not only inhumane but also undermines their right to a fair trial and access to justice,” Mufti stated in the petition.

The petition notes that Mufti, as a former chief minister and Member of Parliament, has been approached by numerous families of undertrials urging her to take up the matter. Despite repeated representations to the government, she said, no steps have been taken to bring these prisoners back to the Union Territory.

Challenging what she termed as a continuing and discriminatory practice, Mufti said that although the FIRs and trials of these prisoners are within J&K, they are being held in prisons located hundreds of kilometres away. This, she argued, violates Article 21 of the Constitution, which guarantees the right to life, liberty, and dignity — including access to family, counsel and a speedy trial.

Following the abrogation of Article 370 on August 5, 2019, many residents of J&K facing investigation or trial within the Union Territory were shifted to prisons outside, she said.

“Most undertrials are unable to meet their families because the travel costs are prohibitive. For many, the very process of attending trial has become a form of punishment,” the plea stated.

Citing national and international standards, including the Model Prison Manual, Mufti said that undertrials must be treated differently from convicts and should be guaranteed humane conditions, family visits and regular access to legal counsel.

The PDP chief also highlighted the practical challenges faced by lawyers representing these prisoners. Many cases involve voluminous evidence and multiple witnesses, requiring close and continuous consultation between the accused and their counsel — something impossible when the prisoner is lodged outside the Union Territory.

The petition also seeks reimbursement of travel and accommodation expenses for one family member per month to visit the undertrial lodged outside J&K, until the repatriation process is completed.