Mehbooba Mufti Questions Courts Over Kashmiri Undertrials, Seeks Omar Abdullah’s Intervention | Kashmir Life

SRINAGAR: Former Jammu and Kashmir chief minister and People’s Democratic Party president Mehbooba Mufti on Friday raised serious concern over the prolonged detention of a large number of Kashmiri undertrials in prisons outside the Valley, questioning why courts have not taken suo motu cognisance of what she described as a grave humanitarian crisis.

Addressing a press conference in Srinagar, Mehbooba said the continued incarceration of undertrials away from their homes has pushed many families into emotional and financial distress, as they are unable to afford repeated travel to far-off jails to meet their detained relatives. She said several affected households struggle even with basic daily expenses, making prison visits virtually impossible.

Mehbooba said she had written to the Chief Secretary and the Director General of Police in February seeking official data on the number of Kashmiri detainees and undertrials lodged outside the Valley, but received no response. She added that similar appeals were later sent to the Union Home Minister and the Union Home Secretary, urging the transfer of undertrials to jails within Kashmir, but those efforts also failed to yield any result.

The PDP president said the issue was subsequently taken to court through a public interest litigation, but termed it “shocking” that the plea was dismissed after being given what she called a political colour. She questioned why the judiciary did not take suo motu notice of the matter even after rejecting the petition.

“Why does the court not want to know why undertrials are languishing in jails for years without conviction,” Mehbooba asked, adding that it was unrealistic to expect impoverished families to approach courts when they are barely managing to survive.

Referring to public statements made by the Prime Minister, the President and a former Chief Justice of India, Mehbooba said it has been acknowledged at the national level that nearly 76 per cent of prisoners in the country are undertrials. She questioned what recourse remains for ordinary citizens if such widely recognised issues are not addressed.

Mehbooba said there had been expectations that the formation of an elected government would bring relief to affected families, but expressed disappointment over the lack of progress. She also pointed to the absence of elected Members of Parliament from Kashmir, saying that legislators such as Aga Syed Ruhullah Mehdi and Mian Altaf Ahmad could have sought official data on undertrials through parliamentary mechanisms, but that did not happen.

She said she had urged Omar Abdullah to constitute a team to visit prisons outside the Valley to assess the number and conditions of Kashmiri undertrials lodged there.

Reiterating her demand, Mehbooba said she was only seeking the transfer of detainees who have not been convicted back to jails in Kashmir. Describing the court’s decision on the PIL as unfortunate, she said her party would continue to pursue the issue.

“We have seen the suffering of these families. We have the right to raise this issue, and we will not budge,” she said, adding that the struggle would continue until the matter reaches its logical conclusion.