The High Court of Jammu and Kashmir and Ladakh on Tuesday heard arguments on a public interest litigation (PIL) filed by PDP president and former chief minister Mehbooba Mufti, challenging the continued detention of undertrial prisoners from Jammu and Kashmir in jails outside the Union territory.
The matter came up before a division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal.
The court heard submissions on whether lodging undertrials from J&K in distant prisons violates their constitutional rights, particularly their ability to access legal assistance and maintain family contact.
Mehbooba’s counsel, advocate Aditya Gupta, said that issues earlier flagged by the court during the November 3 hearing had been addressed.
“Some questions raised by the court during the last hearing were addressed along with counter questions, especially those related to maintainability of the petition and whether the undertrials are a class of persons… The court heard the arguments from both sides,” Gupta said, adding that the next date of hearing will be notified separately.
He emphasised that it is for the court to decide whether the rights of these prisoners, guaranteed under Articles 14 and 21 of the Constitution, are being breached by their continued detention in jails outside Jammu and Kashmir.
“Such detentions breach the rights guaranteed under Articles 14 and 21, particularly the rights to equality, family contact, effective legal aid, and a fair and speedy trial,” Gupta submitted.
The PIL, filed on October 26, seeks directions to the authorities to repatriate undertrial prisoners from J&K who are currently lodged in prisons outside the Union territory, unless the government can demonstrate compelling, case-specific reasons in writing for keeping any particular undertrial outside the region. Mehbooba has also requested that such decisions be subjected to quarterly judicial review.
The petition further proposes the creation of a two-member oversight and grievance redressal committee, including a retired district judge, to:
- Audit the locations where undertrials are lodged
- Examine family-contact logs
- Scrutinise lawyer-interview registers and production orders
The committee, as proposed in the PIL, should also be empowered to recommend disciplinary action in cases of non-compliance and submit bi-monthly status reports to the high court.
The court has reserved further directions for a later date, which will be separately notified.
