On Friday, the Supreme Court's division bench of CJI UU Lalit and Justice Bela M Trivedi issued notice to the Union Territory of Jammu and Kashmir and Ladakh in a petition stating that certain detainees detained under the provisions of the Jammu and Kashmir Public Safety Act, 1978, had been transferred from the local district and central jails within Jammu and Kashmir to prisons in other states of the country.

Dr. Gonsalves, representing the petitioner, argued that as the detainees in question were arrested under the Jammu and Kashmir Public Safety Act, 1978, which was only applicable to the Union Territory of Jammu and Kashmir, they could not be transferred to other prisons across the country. He also informed the court that the detainees had been transferred to prisons in Uttar Pradesh, Haryana, and Madhya Pradesh.

The learned counsel also claimed that when detainees are transferred to different states, they lose all of their rights. Furthermore, once detainees were relocated, family members did not know their whereabouts.

As a result, the court served notice on the Union Territory of Jammu and Kashmir and Ladakh, as well as the Union of India. The matter has been rescheduled for November 25th, 2022.

Case Title: Raja Begum And Ors. v. UoI And Ors.

Citation: WP(C) No. 906/2022