Jammu: The High Court of Jammu and Kashmir and Ladakh on Tuesday heard the arguments on a petition filed by PDP president Mehbooba Mufti seeking the return of undertrial prisoners from J-K lodged in jails outside the Union territory.
The high court examined submissions on whether the continued detention of these prisoners in distant facilities violated their constitutional rights and hampered their access to legal assistance and family visits.
The petition filed by the former chief minister on October 26 came up for hearing before a division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal.
Mehbooba’s counsel advocate Aditya Gupta said, “Some questions raised by the court during the last hearing (on November 3) were addressed along with counter questions, especially those related to maintainability of the petition and whether the undertrials are class of persons… The court heard the arguments from both sides.”
The next date of hearing will be notified separately, he said.
“It is for the court to determine whether the rights of the prisoners, enshrined in Articles 14 and 21 of the Constitution, are being violated because the government lodged them in jails outside J-K.,” Gupta said.
“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,” he added.
In her public interest litigation (PIL), Mehbooba sought the return of undertrials from J-K to local jails unless the authorities present case-specific, written reasons showing compelling necessity to keep them outside the UT, and that such cases be subjected to quarterly judicial review.
The PIL also called for constituting a two-member oversight and grievance redressal committee comprising a retired district judge to audit the undertrial locations, family-contact logs, lawyer-interview registers, and production orders.
It should also recommend disciplinary action for non-compliance and submit bi-monthly status reports to the high court, it said.
