Courts remain our last hope, says PDP chief after hearing
Jammu, Nov. 4 -- Former chief minister and Peoples Democratic Party (PDP) chief Mehbooba Mufti on Monday urged J&K high court to take cognisance of the plight of Kashmiri youth lodged in various jails outside Jammu and Kashmir.
The PDP chief has moved a public interest litigation before the J&K HC seeking that all such detenues, to begin with, be brought to J&K from prisons across the country, so that their families can at least meet them.
She also called for comprehensive reforms in the criminal justice system to ensure justice, transparency and humanity.
Talking to reporters outside the high court here, Mehbooba said, "When all doors are closed then courts remain the last hope."
"Before 2019 and especially after 2020, several youth were picked up on mere suspicion. It's been six to seven years since they are languishing in various jails outside J&K. None knows about their fate, are they alive or are they sick," she said.
The PDP chief further said that the poor families of such youth don't have means and money to meet them. "When they don't have money to meet them in prisons outside J&K, then how would they fight their cases in the court of law," she said.
Mufti said that compelled by the miserable plight of such detenues, she filed the petition before the HC. "I hope that under-trials lodged in various jails are at least brought back to J&K, so that their families can meet them. If convicts like Asaram and Ram Rahim can frequently get parole then why can't these youth be provided justice," she asked.
"I request the HC to see it as a human issue and don't go into technicalities," she added.
"The issue is not political; it is about justice. These young men are not statistics; they are our children and they deserve dignity and a a fair trial," she said
She urged the chief justice to initiate reforms on humanitarian grounds.
Expressing the same on social networking site X, she wrote, "We waited hoping that in the past year since an elected government came into being the National Conference would take action on the issue of undertrial prisoners lodged in jails outside J&K. PDP even brought a resolution into the assembly advocating for this cause but unfortunately it was rejected. After exhausting every other option the only recourse left was to approach the HC on behalf of these prisoners languishing in jails alien from their homes and Kashmir. The process itself has become punishment as they have yet to be proven guilty. Majority of these under trials hail from poor families lacking the wherewithal to defend themselves while being so far from their loved ones. I sincerely hope justice prevails."
Awami Ithead Party on Monday criticised J&K chief minister Omar Abdullah and PDP president Mehbooba Mufti for their "selective, confused and legally flawed stand" on the issue of Kashmiri prisoners lodged in outside jails.
AIP chief spokesperson Inam Un Nabi questioned Mehbooba Mufti's political intent, asking: "Why does Mehbooba only demand shifting of prisoners but never demands their release? What stops her from raising the real humanitarian issue that families actually want addressed?"
Inam said that Mehbooba herself claims that shifting of prisoners falls under the jurisdiction of the Supreme Court, yet she approached the HC instead of the Supreme Court. "This is legally inconsistent and politically misleading. If she believed the matter lies with the Supreme Court, why take a weaker legal route?"
"Approaching the HC ensured headlines, not results. This exposes the lack of seriousness," Inam said. Turning to CM Omar Abdullah, Nabi said Omar used the emotional suffering of prisoners' families for electoral gains but is now completely silent. "As the head of the J&K UT government, Omar has not initiated any formal communication with the Prime Minister or Home Minister nor used any legal mechanisms available to the UT administration to seek relief for the prisoners. Why this silence now?"...
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