J&K Invokes Public Safety Act 1978 for National Security
| Category | Details |
|---|---|
| Event | J&K Police Invoke Public Safety Act (PSA), 1978 |
| Key Objective | Preventive detention of individuals involved in subversive activities threatening national security and public order. |
| Act Details | Public Safety Act (PSA), 1978: Enacted by former J&K State Legislature, now enforced in UT of J&K. Allows detention without trial for up to 1 year (public order) or 2 years (state security). |
| Key Provisions | - Detention Without Trial: No formal charge or trial required. Detainees need not be produced before a magistrate within 24 hours.- No Right to Bail: Detainees cannot file bail applications or engage lawyers.- Section 8: Defines grounds for detention, including actions prejudicial to public order. |
| Legal Remedies | Detainees can file habeas corpus petitions in High Court or Supreme Court. Orders can be quashed if unlawful, but fresh detention orders can still be issued. |
| Related Acts | National Security Act (NSA), 1980: Similar preventive detention law for national security and public order. |
| Constitutional Provisions | - Article 22(3)(b): Allows preventive detention for state security and public order.- Article 22(4): Limits detention to 3 months unless advisory board approves extension. |
| Habeas Corpus | Legal remedy against arbitrary detention. Cannot be issued if detention is lawful, involves contempt of court/legislature, or is outside court jurisdiction. |
| Context | PSA invoked during ongoing State Investigation Agency (SIA) raids in Srinagar. |