In a recent move, Jammu and Kashmir Police have enforced the Public Safety Act (PSA) against 23 individuals in Srinagar, citing their alleged involvement in activities that pose a threat to national security and public order.
Overview of the Public Safety Act
The Jammu and Kashmir Public Safety Act of 1978 (Act No. VI of 1978) is a preventive detention law originally passed by the former state legislature and now in force in the Union Territory of Jammu and Kashmir.
Its main purpose is to grant authorities the power to detain individuals in order to avert potential threats to the state’s security or the maintenance of public peace.
Key Features of the Public Safety Act
- Preventive Detention Without Formal Charges: The PSA enables detention without the need for filing formal charges or conducting a trial. This applies even to individuals already in custody or recently released on bail.
- No Provision for Bail or Legal Counsel: Those held under the PSA are not entitled to seek bail or appoint legal representation, significantly limiting their legal recourse.
- Limited Scope for Legal Challenge: The primary method to contest a PSA detention is through a habeas corpus petition, usually filed by family members in higher judiciary forums.
- Possibility of Re-Detention: Even if a detention order is overturned by the courts, the authorities can issue a new order for the same individual.
- Legal Immunity for Officials: The Act protects the actions of District Magistrates issuing detention orders, presuming such decisions are made “in good faith.”
- Broad Grounds for Detention (Section 8): The law allows detention for reasons such as promoting enmity, inciting unrest, or engaging in actions that disturb public peace—with significant discretion left to local officials.
- Uniform Detention Periods: The Act stipulates up to one year of detention for disrupting public order and up to two years for actions that endanger the security of the state, without distinguishing between varying degrees of offenses.