Jammu & Kashmir Public Safety Act, 1978:
Jammu & Kashmir Police have recently invoked the Public Safety Act against 23 individuals in Srinagar, citing their involvement in subversive activities and threats to national security and public order.
- Jammu & Kashmir Public Safety Act, 1978 is a preventive detention law originally enacted by the J&K State Legislature and now applicable to the Union Territory of Jammu & Kashmir.
- Its primary objective is to empower authorities to detain individuals to prevent actions prejudicial to the security of the state or maintenance of public order.
- The PSA permits authorities to detain individuals without formal charges or a trial, even if they are already in custody or recently granted bail.
- Detainees under the PSA cannot seek bail or appoint a lawyer to represent them, leaving them with limited legal representation options.
- The only way to challenge a PSA detention is through a habeas corpus petition filed by the detained person’s relatives in higher courts.
- Even if a PSA detention order is quashed by the High Court or Supreme Court, the government can issue a fresh detention order.
- The District Magistrate who issues the detention order is legally protected, as the PSA considers such actions done “in good faith.”
- Section 8 of the PSA broadly defines grounds for detention, including promoting enmity, instigation, or any acts threatening public harmony, with final decisions left to district authorities.
- The PSA allows detention for up to one year for disturbing public order and two years for activities harmful to state security.
