Unfortunate PIL was dismissed, will not let the issue die: Mehbooba on inmate transfer plea ruling

Srinagar, Dec 26 (PTI) Peoples Democratic Party (PDP) president Mehbooba Mufti on Friday said it was "surprising" that her plea in the high court on seeking transfer of Jammu and Kashmir prisoners back home from jails elsewhere was rejected.

A PIL filed by Mehbooba seeking transfer of local inmates was dismissed by the High Court of Jammu and Kashmir and Ladakh with the observation that it appeared to have been filed to garner political mileage.

"The decision of the court is unfortunate and surprising," Mehbooba told reporters at a press conference here.

She said the high court says any "Tom, Dick or Harry" can file a PIL, but since she is a politician, her PIL was for political reasons.

"The high court is forgetting that politicians remain closely connected to ground realities, and I, as a politician, know the situation of the people of J-K. The poor people cannot go to meet their kin in jail. How can they fight their case!" she said.

The PDP chief also wondered why the court did not take suo motu cognisance of the issue.

"I think it is not for the court to cast aspersions on my character. As a politician, I have every right to raise an issue. The court should have taken suo motu cognisance. They should have asked the government how many undertrials are in jails and what problems they were facing," she said.

The former chief minister of the erstwhile state of J-K said the discussion in the court should have been on the issue, irrespective of her profession. "The court has given strange reasoning to dismiss my case," she said.

"The decision should have been based on logic, but I regret that the court gave such a decision, saying I am playing politics. Under Article 21, we have a fundamental right to raise these issues and move courts," she said, adding, her party will not let the issue die.

She said her demand was limited to transferring those detainees who have not been convicted, and that the ruling had dealt a blow to faith in the judiciary Asked about the suspension of life sentence to rape convict former BJP MLA Kuldeep Singh Sengar, Mehbooba alleged that the "judiciary has been politicised." She, however, added that a few judges were still willing to stand up for power. She was referring to the Surajpur district court's refusal to withdraw charges against the accused in the Akhlaq lynching case.

She said Judge Saurabh Dwivedi fought the government and told them that they cannot withdraw the case, and ordered it to be heard every day. "It means there is a mixed bag. If the majority has become politicised, there are few judges like Judge Dwivedi," she said.

Mehbooba demanded that Chief Minister Omar Abdullah constitute a team of ministers and MLAs to visit jails across the country to know the state of J-K prisoners.

"I had hoped that the elected government here would do something about it. If the government or its MPs in Lok Sabha and Rajya Sabha cannot do anything, they should at least provide legal aid to the prisoners," she said.

Asked about ruling National Conference (NC) Lok Sabha MP Ruhullah Mehdi's warning of protests over the issue of rationalisation of reservation, Mufti said it was for the government to take a decision.

"We want justice for open merit candidates. The government should take a stand. Ruhullah is a part of the government. He should discuss it with them and persuade them," she said. PTI SSB VN VN