Mehbooba Mufti Raises Alarm Over 1,260 Kashmiri Undertrials

Mehbooba Mufti, the president of the People’s Democratic Party (PDP), has voiced grave concerns regarding the situation of approximately 1,260 Kashmiri youths currently detained in jails across India. Many of these individuals have reportedly been held for five to six years without trial, raising serious questions about their legal rights and the conditions of their detention.

On October 20, 2023, Mufti called for an “access protocol” in her petition, advocating for mandatory weekly family visits and unrestricted interactions between undertrials and their lawyers. She highlighted that numerous families lack the financial resources to travel long distances to see their relatives or pursue legal recourse.

“These people are undertrials, not convicts. Some of them have been in jail for five to six years without trial,” Mufti stated, emphasizing that the treatment of these individuals undermines fundamental legal principles. She noted that families from economically disadvantaged backgrounds often resort to selling land or jewellery to cover the expenses of travel to distant states like Uttar Pradesh and Haryana.

Call for Oversight and Parliamentary Action

Mufti has proposed the creation of a two-member oversight committee, consisting of retired district judges, to audit prison locations and monitor family-contact logs. She expressed disappointment that the plight of these undertrial prisoners has not been raised in Parliament, criticizing the government for failing to provide requested information regarding the detainees.

The PDP leader pointed out that the elected government could have compiled this crucial information and that its Members of Parliament should have addressed the issue in the legislative assembly. “Courts have acknowledged that the prisoners were undertrials but have failed to provide relief,” she remarked.

When faced with accusations of politicization, Mufti termed the claims “ironic,” asserting that her advocacy stems from a genuine understanding of the hardships faced by affected families. “I will not let this issue rest,” she affirmed, urging the judiciary to take suo motu notice of humanitarian concerns, regardless of whether her Public Interest Litigation (PIL) was rejected.

Judicial Response and Future Actions

In a recent ruling, the Jammu and Kashmir High Court dismissed Mufti’s PIL, describing it as a “vehicle for political mobilisation” and asserting that she was a “third-party stranger” to the cause, as the affected prisoners had not directly approached the court seeking transfer. The bench, which included Chief Justice Arun Palli and Justice Rajnesh Oswal, criticized the petition for lacking a direct appeal from the detainees themselves.

Following this decision, Mufti has reached out to Chief Minister Omar Abdullah and other local Members of Parliament, including Ruhullah Mehdi, urging them to intervene. She contended that not all detainees pose security risks and advocated for the transfer of those who could be safely relocated back to jails within Jammu and Kashmir.

“We will take up this case again and will not abandon these people,” Mufti stated, reaffirming her commitment to advocating for the rights of Kashmiri undertrials. Her ongoing efforts highlight the pressing need for legal reforms and better treatment for individuals awaiting trial in the Indian judicial system.