PUBLIC SAFETY ACT
WHAT IS PSA ?
Public Safety Act or Jammu & Kashmir Public Safety Act 1978 is a preventive detention law under which a person is taken into custody/ put into jail to prevent him/her from acting in manner that is detrimental to the security of state or the maintenance of public order .
It is very similar to the National Security Act 1980 that is used by other states for preventive detention .
NOTE-
- Preventive detention – it is an action taken by administration to stop a person or detain a person on the grounds of suspicion that some wrong action may be done by person concerned which will be prejudicial to the state .
- Punitive detention – sending person to jail for offences already committed as a punishment for the offence .
FORMATION AND PURPOSE OF PSA….
- PSA was introduced by Sheikh Abdullah in 1978.
- this law was brought in to prevent timber smuggling and to help curb timber smugglers , now it is being used for security of the state and maintenance of public order .
DURATION OF DETENTION…
- 3 months – 1 year if person acting in any manner that can disturb ” maintenance of public order “.
- 6 months – 2 year if person acting in any manner that can disturb ” security of the state “.
- 12 months if person is indulged in smuggling of timber.
HOW IT COMES UNDER EFFECT?
- Authority to impose PSA lies with the divisional commissioner or the district magistrate and can’t be imposed by police based on allegations or for violation of laws .
WHAT HAPPENS AFTER PSA IS IMPOSED?
when a person is detained under PSA
- order issuing authority has to communicate to the person within 5-10 days ( has to provide reason for detention in writing ).
- these detention orders are present before an advisory board within 4 weeks of the detention .
- this board consist of 3 members ( whose chairperson is a former judge of high court and other two qualified to be judge of high court ).
- the board has to submit its report to government within 8 weeks from date of detention.
- this report is binding on the government .
SILENT FEATURES OF PSA…
- PSA allows for detention without formal charges and trial .
- no need to produce a person before magistrate within 24 hours .
- detained person has no right to file bail application before court and cannot engage any lawyer to present him/her.
PROTECTION AGAINST DETENTION UNDER PSA
- PSA can only be challenged through a habeas corpus petition filed by relatives of detained person.
- high court and supreme court have jurisdiction to hear such petition and pass final order seeking quashing of PSA.
NOTE-
Habeas Corpus – it is an order issued by the court to a person who has detained another person ,to produce the body of the latter before it .
- the court examines the cause and legality of detention ( it would free the detained person, if detention found illegal) .
- the writ is not issued where the detention is lawful , the proceeding is for contempt of legislature or a court , detention is by competent court, detention is outside the jurisdiction of court .
CRITICISM OF PSA….
- it allows for detention of person without trial
- limited legal remedies
- no prosecution or any legal proceeding against the official who has passed the order
- it can be imposed on person already in police custody
- no bar on government passing another detention order and detaining person again.
SOURCES :
- WIKIPEDIA
- DRISHTI IAS
- STUDY IQ
- YOUTUBE
-SHIVANI PATEL