J&K and Ladakh HC dismisses Mehbooba’s PIL on transfer of prisoners from outside jails to J&K

The Jammu & Kashmir High Court dismissed PDP chief Mehbooba Mufti’s PIL seeking transfer of prisoners to local jails, stating it appeared politically motivated. The court emphasized that PILs cannot be used for partisan gains or electoral advantage

Srinagar: The High Court of Jammu and Kashmir and Ladakh has dismissed a PIL filed by PDP president Mehbooba Mufti seeking transfer of prisoners from outside jails to prisons in J&K.

A division bench of the high court, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, in a 15-page order passed on Tuesday said the petition appears to have been filed for garnering political mileage.

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“It appears that the instant petition has been initiated by the petitioner for the explicit purpose of garnering political advantage and positioning herself as a crusader of justice for a particular demographic,” the bench observed.

The court said it cannot remain oblivious to the violent past, which the residents of Jammu and Kashmir have passed through, because of forces hostile to the unity and integrity of the country.

“In fact, the petitioner too recognises the special circumstances of Jammu and Kashmir, when in relief part of this petition, she states that the undertrials be detained in the prisons in U.T. of Jammu and Kashmir, unless the Jail Authorities furnish reasons before this court demonstrating ‘unavoidable and compelling necessity’ in exceptional cases. The detailing of such exceptional cases has been conveniently ignored by the petitioner,” the court said.

The bench said the PIL cannot be allowed to be utilised as an instrument for advancing partisan or political agendas or transforming the court into a political platform.

“Public Interest Litigation is also not a mechanism for gaining political leverage, and the Courts cannot serve as a forum for electoral campaigns.

“While political parties possess manifold legitimate avenues to engage with the electorate, courts cannot be employed as an instrument for achieving electoral advantage,” it added.