01/05/2026
'Every detainee is a family waiting in hope': Muzzafar Shah appeals amnesty for jailed Kashmiris
Demands Comprehensive Undertrial Review; Calls for Legal & Humanitarian Aid for Prisoners Beyond High-Profile Releases
Srinagar, April 30: Jammu and Kashmir Awami National Conference Senior Vice President Muzaffar Shah on Friday welcomed the release of Member of Parliament Engineer Rashid and AAP legislator Mehraj Malik, but cautioned that justice in Kashmir cannot remain confined to high-profile political figures while thousands of lesser-known detainees continue to languish behind bars without meaningful legal support or timely judicial relief.
Shah said the release of prominent political detainees should serve not merely as isolated gestures of clemency, but as the beginning of a broader humanitarian and constitutional reconsideration of detention cases across Jammu and Kashmir, particularly involving undertrials, economically disadvantaged prisoners, and young detainees held for prolonged periods under stringent laws.
In a strongly worded appeal, Shah drew attention to what he described as a deeply entrenched disparity within the justice system, where influential individuals are often able to secure experienced legal representation and expedited judicial intervention, while ordinary detainees from remote villages and economically distressed families remain trapped in prolonged incarceration with little access to competent legal aid.
“Similar consideration must be extended to all detainees from Kashmir, especially those who remain outside public visibility and lack the resources required to defend themselves,” Shah said, stressing that justice loses its moral legitimacy when access to it becomes dependent upon social status, political relevance, or financial capacity.
He urged the Bar Association and members of the legal fraternity to assume what he termed a constitutional and humanitarian responsibility by extending legal assistance to prisoners who have neither the means nor the institutional support necessary to pursue their cases effectively. According to Shah, the legal profession must recognise that the credibility of justice is measured not by its accessibility to the privileged, but by its ability to reach the abandoned and voiceless.
Shah further observed that many detainees in Jammu and Kashmir have spent years in prison without the timely resolution of their cases, particularly those booked under laws such as the Public Safety Act (PSA) and the Unlawful Activities Prevention Act (UAPA). While such laws were framed for exceptional circumstances, he suggested that their frequent and prolonged application has contributed to a growing sense of alienation and despair among ordinary families.
For many detainees, he argued, incarceration itself has become a form of punishment independent of conviction, as repeated delays, procedural complexities, and prolonged undertrial detention continue to erode both individual dignity and public faith in institutions.
He also highlighted the often-overlooked suffering of families whose relatives are lodged in prisons outside Jammu and Kashmir, including in states such as Uttar Pradesh and Haryana. Shah noted that many families lack the financial means to undertake long and costly journeys to meet imprisoned relatives, leaving them suspended in uncertainty and emotional anguish for months or even years.
“The burden of detention is not borne by prisoners alone,” Shah said. “Entire families are condemned to live in anxiety, deprivation, and silence while waiting for justice that may never arrive in time.”
Calling for a comprehensive review of detention cases, Shah appealed to the judiciary and relevant authorities to adopt a more humane and equitable approach toward individuals accused in minor cases or subjected to prolonged undertrial incarceration. He urged authorities to consider bail, remission, or amnesty in deserving cases, particularly where continued detention no longer serves the interests of justice.
According to Shah, Kashmir’s prolonged history of political turmoil, conflict, and institutional distrust has already inflicted profound psychological and social damage upon ordinary citizens. In such a climate, he argued, selective relief granted only to politically visible individuals risks reinforcing public perceptions of inequality before the law.
“A just society is ultimately judged by how it treats its most vulnerable citizens,” Shah remarked, asserting that meaningful reconciliation and public confidence cannot emerge through symbolic gestures alone, but through consistent and impartial justice extended to all sections of society.
He maintained that restoring faith in democratic and judicial institutions requires more than rhetorical commitments; it demands visible measures that acknowledge the suffering of ordinary families and ensure that justice is neither selective nor inaccessible.
“Justice cannot operate on the basis of prominence or privilege,” Shah said. “If healing and reconciliation are to carry any meaning in Kashmir, they must begin with humane decisions that recognise the pain of those families who continue to wait, unheard and forgotten.”
Awami National Conference