J&K Public Safety Act – Free PDF Download

Table of Contents

Context

A former IAS officer was recently detained under the J&K Public Safety Act (PSA).

The Jammu and Kashmir PSA) which received the assent of the J&K Governor on April 8, 1978.
Tough law to prevent the smuggling of timber
Detain any person above the age of 16 without trial for a period of two years.
It allows for administrative detention for up to two years in the case of persons acting in any manner prejudicial to the security of the State, and for administrative detention up to one year where any person is acting in any manner prejudicial to the maintenance of public order.
Section 22 of the Act provides protection for any action taken “in good faith” under the Act.
No suit, prosecution or any other legal proceeding shall lie against any person for anything done or intended to be done in good faith in pursuance of the provisions of this Act. Issues with the act
“Draconian” law?
Right from the beginning, the law was misused widely
allow individuals to be detained under the PSA outside the state as well.
need not disclose any facts
The terms under which a person is detained under PSA are vague
gives unbridled powers to the authorities.
PSA does not provide for a judicial review of detention. . This ensures prolonged detention of people.