Why haven’t courts taken suo motu notice of undertrials, asks Mehbooba

Srinagar, Dec 26 : Former Jammu and Kashmir chief minister and PDP president Mehbooba Mufti on Friday asked as to why the judiciary has not taken a suo motu notice of the growing undertrial crisis , saying thousands of prisoners continue to languish in jails for years without conviction.
Two days earlier, a division bench of the Jammu & Kashmir and Ladakh High Court dismissed her Public Interest Litigation (PIL) seeking transfer of J&K trials in outside jails back to UT jails. The High Court observed that the petition was vague, unsubstantiated and politically driven, and failed to meet the legal standards.
Addressing a press conference, Mehbooba said that since 2019, large-scale detentions— particularly in jails outside Jammu and Kashmir — have caused immense suffering to families.
“Why does the court not want to know why undertrials are languishing in jails for years without conviction?” she asked.
She said several distressed families had approached her, including sisters, parents and daughters, many of whom concealed their identities out of fear. She recounted cases of families whose only son or brother is lodged in distant jails, making visits nearly impossible.
She said she had written to the J&K Chief Secretary and the Director General of Police, followed by letters to the union Home Minister and Home Secretary, seeking details of undertrial prisoners lodged outside the union Territory.
“With no response forthcoming, I moved the High Court,” she said.
Calling the court’s recent decision “shocking”, Mehbooba said it questioned why a politician had filed the petition, instead of examining the substance of the issue.
“Politicians are connected to the ground realities. I know the difficulties people are facing,” PDP chief said.
Citing statements by the President of India, the Prime Minister and former Chief Justice, she noted that nearly 76 per cent of prisoners nationwide are undertrials, many from poor backgrounds.
“We have seen the suffering of these families. We have the right to raise this issue and we will not budge,” she said, adding the struggle would continue until justice is delivered.
Mehbooba said there was hope that the formation of a new government would help address the sensitive humanitarian issue, but expressed disappointment that no tangible progress had been made.
She also urged Chief Minister Omar Abdullah to constitute a team to visit jails outside the Valley to assess the number, condition and treatment of Kashmiri undertrial prisoners lodged there.