Srinagar, October 25, 2025 : PDP president and former chief minister Mehbooba Mufti has approached the Jammu and Kashmir High Court, seeking directions for the immediate transfer of all undertrial prisoners from jails outside the Union Territory back to Jammu and Kashmir.
In her petition filed under Article 226 of the Constitution of India, Mufti requested the court to issue a writ of mandamus directing the Union Government, the J&K Home Department, and the Director General of Police to repatriate all undertrials unless specific, written justifications establish a compelling necessity to detain them outside the UT. Such exceptional cases, she urged, should undergo quarterly judicial review.
Mufti said that as a political leader and former CM, she has received numerous appeals from families of undertrials seeking her intervention. Despite repeated representations to the government, she said, no concrete action has been taken to bring back these detainees.
The petition underscores that since the abrogation of Article 370 on August 5, 2019, a significant number of J&K residents facing investigation or trial have been lodged in prisons across various states.
“FIRs are registered and trials convened within J&K, yet incarceration occurs hundreds of kilometres away, defeating court access, family visits, and counsel conferences, and imposing crippling travel costs on indigent families,” the plea stated.
Mufti argued that housing J&K undertrials in distant prisons violates the presumption of innocence, infringes upon Article 21 (Right to Life and Liberty), and effectively punishes by process. She cited the Model Prison Manual and international standards that require humane treatment of undertrials, ensuring regular family and lawyer interactions.
The petition also called for:
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A mandatory access protocol ensuring weekly family interviews and unrestricted lawyer-client meetings.
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Quarterly compliance reports by legal authorities.
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Priority court production of repatriated undertrials to prevent delays in trials.
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Formation of a two-member oversight and grievance redress committee, including a retired High Court judge and a State Legal Services Authority (SLSA) member, to audit undertrial locations and monitor compliance.
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Reimbursement of travel and accommodation costs for one family member visiting the undertrial in an out-of-state jail until the repatriation process is complete.
Mufti’s petition seeks to restore the dignity and legal rights of undertrials from Jammu and Kashmir, asserting that prolonged detention in far-off prisons not only separates families but also undermines the principles of justice and fairness.
