People’s Democratic Party (PDP) president Mehbooba Mufti has moved the J&K High Court, seeking a direction to the Union Home Ministry for all undertrial prisoners from the UT, who are lodged in prisons in other states, to be moved back to J&K.
The petition has also sought directions to the Centre to “reimburse reasonable travel and accommodation for one family member per month to meet under-trial (prisoners) in out-of-state prisons”.
“This petition challenges the continuing practice of lodging under-trials belonging to J&K in prisons outside the Union Territory, even though their FIRs are registered and trials conducted within J&K,” reads the petition. “The practice… violates the presumption of innocence, and frustrates the core of Article 21…” it said.
“Post 5 August 2019 (the day Article 370 was abrogated), numerous J&K residents facing investigation or trial in J&K were lodged in prisons outside the UT. FIRs are registered and trials convened within J&K, yet incarceration occurs hundreds of kilometres away, defeating the court access, family visits, and counsel conferences, and imposing crippling travel costs on indigent families,” the petition reads.
