THE JAMMU AND KASHMIR PUBLIC SAFETY ACT (J&K PSA), 1978

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It is often said that with great power comes great responsibility and we can say the same thing about the usage of this Act. This Act was passed in the year 1978 by Sheikh Abdullah and his government. Sheikh Abdullah brought this Act in order to prevent the illegal transportation of timber from the state as he always knew that this Act may help in securing peace in the state. The purpose of this Act was to protect the interest of the security of the state and its public order. Recently, Dr. Farooq Abdullah was detained under Jammu and Kashmir Public Safety Act. It is a preventive detention law that allows the state government to detain a person for a period of two years without a trial.  J&K PSA allows the state to detain a person and hold him without producing him/her in the court.

Application of the Act                                                 

Once detention order is passed, the government needs to refer the case to an advisory board by the end of four weeks. The advisory board needs to give recommendations within 8 weeks. If the board decides that the detention is preventive then the government can detain the person for two years. The detained person under this Act has limited rights. He does not possess the rights as that of a normal convict until the detention under this Act is proved illegal. Different sections of this Act empower it to be supreme and provide the state with a privilege to act upon the situation with supremacy.

Under Section 23, the government is empowered to make rules which are consistent with the provisions of this Act, as may be necessary for carrying out the objects of this Act.

And under Section 8, the state is empowered to detain a person with certain authorities. The state can do so –

  • To prevent the person from performing in an adverse manner with respect to the security, peace and maintenance of the state.
  • If the person is a foreigner then he can be detained under the meaning of Foreigners Act.
  • If the residence of the person is in an area that is under the occupation of Pakistan, it must be regulated or expelled from the state.

In Bilal Ahmed Dar v. State of J&K , the knowledge of supply of significant material documents to the detainee is also a ground for setting aside detention order.

In Tanveer Ahmed v. the State of J&K, the grounds of detention are not to be formulated in manner, language or abbreviations only known to the detained authority. 

This Act was also used in the past to detain prominent leaders for security reasons. Last month, founder of Jammu and Kashmir People’s Movement Shah Faesal was prevented from leaving the country and sent back to the state where he was detained. Jammu and Kashmir Public Safety Act is a very powerful Act and needs to be used for its purpose. The state must remember this thing and use the Act for the betterment of the state.

By –

Bibhanshu Mishra

Student Reporter, INBA.