Mehbooba Mufti Renews Plea for Kashmiri Undertrials After High Court Labels Her PIL Politically Motivated

New Delhi: Brushing aside the High Court's dismissal of her PIL as “politically motivated,” PDP chief Mehbooba Mufti on Friday renewed her campaign for Kashmiri undertrials detained in distant jails, decrying the years-long delays in trials and the resulting family hardships.  

Addressing a press conference at the party headquarters in Srinagar, Mufti reacted to the Jammu and Kashmir and Ladakh High Court's dismissal of her Public Interest Litigation (PIL) on December 23, which sought the transfer of the prisoners back to local jails.

The court ruled that she lacked locus standi, describing the plea as politically motivated and noting the absence of specific grievances from the undertrials themselves.

“Anyone can file a PIL, but since I am a politician, the court told me I am doing this for political reasons,” Mufti said, calling the observation “unfortunate”.

She said that her advocacy is rooted in direct connections with affected families. “Being connected to people on the ground, I know the suffering these families are going through,”.

Mufti questioned why the High Court could not take suo motu cognisance of the issue, urging it to seek answers from the government. She informed that many undertrials, whose trials have not even commenced, have already spent at least five years in jail.

“These are undertrials, not convicts,” she said. 

During press conference, Mufti further referenced past statements by Prime Minister Narendra Modi on the plight of approximately 3.5 lakh undertrial prisoners across India (as noted in 2022), and remarks by President Droupadi Murmu on the hardships faced by such detainees.

“Even ordinary people who cannot afford two meals a day have no means to fight their cases,” she said.

Expressing disappointment with the Chief Minister Omar Abdullah led government, Mufti said she had hoped the people elected administration would address the humanitarian crisis.

“I believed the present elected government would take up this issue. JKNC has two Lok Sabha MPs and three Rajya Sabha members, yet nothing has been done,” she said while she added that no information was provided despite her earlier requests to authorities, and the matter was not raised in Parliament.

At minimum, she appealed, the government should provide legal aid to these prisoners.

“I have appealed to Chief Minister Omar Abdullah to personally intervene in this matter and, if possible, visit jails across the country along with other National Conference leaders to witness the conditions of these undertrial prisoners firsthand. I also urge National Conference MP Aga Syed Ruhullah Mehdi to raise this important humanitarian issue,”

Mufti proposed that prisoners not charged with serious offences be shifted back to jails in Jammu and Kashmir, facilitating easier access for families and legal counsel.

“Forget the separatist leaders for a moment; even ordinary people are suffering immensely,” she said.

Mufti said that “PDP is committed to fighting for the rights of these prisoners. We will take up this case again and will not abandon these people,”.