Srinagar- The High Court of J&K and Ladakh on Tuesday reserved its verdict on maintainability of a Public Interest Litigation filed by PDP President and former Chief Minister Mehbooba Mufti, seeking the repatriation of all undertrials from Jammu and Kashmir who are currently lodged in jails across different states and Union Territories.

A division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal reserved the verdict even as it questioned Mehbooba's counsel Aditya Gupta about the maintainability of the petition under public interest.

The Bench came down heavily on the petitioner for giving publicity to the petition even before it was filed before the court.

Earlier, T. M. Shamsi, Deputy Solicitor General of India (DSGI), argued that Mehbooba has no locus standi as she was not an aggrieved person and none of her rights have been violated. Moreover, he submitted that she represents a political party and has filed the petition as representative of a political party to secure political benefits. He submitted that the petition has not been filed with a bonafide public interest but with a political interest which is depreciated by Apex Court as well as high courts.

Counsel representing Home Department of JK also submitted that Mebhobba being is a political leader has filed the plea for“votes”. The counsel said that she has filed the plea with mala fide motives.

In her plea, Mehbooba, who was present in court, says that“being a political activist and a former Chief Minister, a lot of family members of undertrials have been requesting to take up the issue with the Government.”

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