Public Safety Act Of J&K – Free PDF Download

IN NEWS

• Former J&K CM Farooq Abdullah, had been kept under house arrest since the abrogation of Article 370.
• On 16th September he has been booked under the Public Safety Act (PSA).
• Charges were framed on a day the SC heard Vaiko’s plea against Abdullah’s ‘illegal detention’.

ORIGIN OF PSA

• 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.

WHAT IS PSA?

• It is a preventive detention law, under which 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”.
• It is very similar to the National Security Act (1980) that is used by other state governments for preventive detention.

WHY PSA ON FAROOQ ABDULLAH?

• In police custody, a person has to be produced before a magistrate within 24 hours of detention.
• But the PSA allows the State to hold a person without producing them in court.
• 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.

HOW IT COMES UNDER FORCE?

• It comes into force by an administrative order passed either by Divisional Commissioner or the DM.
• Not by a detention order by police based on specific allegations or for specific violation of laws.

 WHAT HAPPENS AFTER PSA IS SLAPPED?

• When a person is detained under the PSA, the DM communicates to the person within 5 days, in writing, the reason for the detention.
• In exceptional circumstances, the DM can take 10 days to communicate these grounds.
• The DM has to place the detention order within 4 weeks before an advisory board.
• This board consists of 3 members including a chairperson who is a former judge of the High Court.
• The detained person too can make a representation before this advisory board.
• Within the 6 weeks from the date of detention, the board submits its report to the government.
• This report is binding on the government.

WHY IS IT CONSIDERED DRACONIAN?

• The PSA allows for detention of a person without a formal charge and without trial.
• It can be slapped on a person already in police custody;
• On someone immediately after being granted bail by a court;
• Or even on a person acquitted by the court.
• In this detention can be up to 2 years.

 RECENT CASE & AMENDMENT

• Last month, former IAS officer and founder of Jammu & Kashmir People’s movement Shah Faesal was detained under the PSA. He is still under detention.
• In the wake of the Pulwama attack, J&K Governor had approved an amendment to move detainees to jails outside the State.

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