Mehbooba Mufti files PIL for urgent jail reforms, calls for return of J&K undertrials

Former Jammu and Kashmir Chief Minister Mehbooba Mufti has filed a Public Interest Litigation (PIL) in the Jammu and Kashmir and Ladakh High Court, urging immediate judicial intervention to address what she describes as a "humanitarian crisis" affecting hundreds of undertrial prisoners from the Union Territory.

The petition seeks the repatriation of all undertrials currently lodged in jails outside Jammu and Kashmir, including facilities in Agra, Bareilly, Haryana, and other states back to prisons within the region. Mufti argues that detention in distant locations violates fundamental rights under Articles 14 and 21 of the Constitution, severely restricting prisoners' access to courts, legal counsel, and family members.

"These young people are not statistics; they are our children, sons of the soil," Mufti said in a public statement. "They deserve respect, a fair trial, and the opportunity to rebuild their lives."

The PIL demands the establishment of a high-level monitoring and grievance redressal committee to audit undertrial records and recommend disciplinary action against errant officials. It also calls for: A standardized protocol ensuring regular family visits and unrestricted lawyer-client meetings. State-funded monthly travel for one family member until prisoners are returned. Quarterly judicial reviews of exceptional cases where detention outside J&K continues, with written justification from prison authorities.

"Delay in justice is tantamount to denial of justice," Mufti emphasized. "Every delay violates the right to life and liberty under Article 21." The petition highlights how prolonged separation from home territories has led to delayed trials, proceedings conducted in absentia, and families unable to afford long-distance travel. "For years, hundreds of our youth have been imprisoned far from home," Mufti stated. "Trials are delayed, justice remains out of reach. This is not the idea of justice that our Constitution envisions."

In a direct appeal to the Chief Justice, Mufti declared: "Our courts are our last hope. We have faith in our judiciary. I believe the day is not far when justice will be served, and our courts will ensure ghar wapsi – the return of all prisoners from Jammu and Kashmir to their homeland." This is not Mufti's first intervention on prison reforms. Earlier in 2025, she had advocated for systematic overhaul of Joint Interrogation Centres in the region following a Supreme Court directive on custodial torture.

The case underscores broader concerns about criminal justice administration in Jammu and Kashmir, with Mufti insisting the issue transcends politics: "This is about justice, humanity, and compassion."