2019 – Posted in: Daily News

Jammu & Kashmir Public Safety Act

For: Preliminary & Mains

Topics covered:

What is the Jammu & Kashmir Public Safety Act?
What happens after PSA is used?
Why is it considered draconian?
What constitutional safeguards are guaranteed to a person so detained?

News Flash

Former J&K chief minister Farooq Abdullah has been detained under the stringent Public Safety Act (PSA).

Public Safety Act of Jammu & Kashmir allows the government to detain a person for upto 2 years without a trial.

Public Safety Act

The Jammu & Kashmir Public Safety Act, 1978 is a preventive detention law. It is very similar to the National Security Act that is used by other state governments for preventive detention.

Under this law, a person is taken into custody to prevent him or her from acting in any manner that is prejudicial to “the security of the state or the maintenance of the public order”.

Background

The law was introduced by Sheikh Abdullah (Farooq Abdullah’s father) in 1978. But it’s purpose was different.
It was brought in to prevent timber smuggling, and keep the smugglers in prison.
This is a preventive detention law that allows the State government to detain a person up to two years without a trial.

What happens after PSA is used?

Within four weeks, the government has to refer the case to an Advisory Board. This Advisory Board will have to give its recommendations within eight weeks of the order.
If the Board thinks that there is a cause for preventive detention, the government can hold the person up to two years.

Why is it considered draconian?

According to Section 13(2), the detaining authority need not even inform the detained individual as to the reason for the action.
A person who is detained under the PSA need not be produced before a magistrate within 24 hours of the detention.
The detained person does not have the right to move a bail application before a criminal court, and cannot engage any lawyer to represent him or her before the detaining authority.
The only way this administrative preventive detention order can be challenged is through a habeas corpus petition filed by relatives of the detained person.

What constitutional safeguards are guaranteed to a person so detained?

Article 22(a) of the Constitution states that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

Article 22(b) states that every person arrested and detained shall be produced before the nearest magistrate within a period of 24 hours (excluding the time necessary for the journey from the place of arrest to the court) and no such person shall be detained beyond this period without the authority of a magistrate.

Article 22(3)(b) allows for preventive detention and restriction on personal liberty for reasons of state security and public order.

Source: Indian Express