The High Court of Jammu & Kashmir and Ladakh dismissed a petition by former chief minister Mehbooba Mufti on Tuesday, seeking the transfer of undertrials from J&K imprisoned outside the union territory to local jails. The court cited ambiguity and political motives behind the plea. The petition also demanded access protocols for families and lawyers.
The High Court of Jammu & Kashmir and Ladakh dismissed a petition filed by former J&K chief minister Mehbooba Mufti on Tuesday. The plea sought the transfer of undertrials from J&K, currently imprisoned in jails outside the union territory, to local prisons within the region. A bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal ruled that the petition lacked material documents and was grounded in ambiguity.
The court observed that the petition was initiated for the explicit purpose of garnering political advantage and positioning Mufti as a crusader of justice for a particular demographic. The order stated that it seeks to invoke writ jurisdiction based on incomplete and unsubstantiated facts, clearly unveiling its political undercurrents.
As president of the People's Democratic Party (PDP), Mufti had also requested the framing of an access protocol, including minimum weekly in-person family interviews, unrestricted privileged lawyer-client meetings subject to reasonable regulations, and no denials on cost or escort pretexts. She further argued for directions to provide reasonable travel and accommodation reimbursement for one family member per month to meet the undertrial lodged outside J&K.
However, the bench noted that the petition contains general and vague averments about family members requesting her intervention, without specifying particulars of such families or the undertrial prisoners. The order highlighted that it fails to mention the nature of the cases in which these undertrials have been detained outside the UT, and neither produces nor challenges specific transfer orders.
Emphasizing Mufti's political stature, the court underscored that Public Interest Litigation cannot be utilized as an instrument for advancing partisan or political agendas, nor can courts be transformed into political platforms. Public Interest Litigation is not a mechanism for gaining political leverage, and courts cannot serve as forums for electoral campaigns, the bench added. While political parties have manifold legitimate avenues to engage with the electorate, courts cannot be employed for electoral advantage.
