• UGI USER
  • Apr 16, 2024
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HC NULLIFIES MAN’S PSA DETENTION: INDIA NOT A POLICE STATE.

Why in the news?

High Court nullifies man’s detention under Public Safety Act, emphasises authorities must justify without relying solely on police testimony. India upholds freedoms.

source:IE

About the Detention Quashed:

  • Jammu and Kashmir High Court nullifies detention of Kashmir residents under the Public Safety Act (PSA).
  • Petitioner from Shopian challenged his detention, highlighting lack of case registration against him.
  • High Court questions lack of antecedent culpability and legal basis for detention.
  • Highlights the need for proper legal procedure, stating district magistrate cannot merely echo police version in detention orders.
About The Jammu & Kashmir Public Safety Act (PSA), 1978:

Nature and Purpose:

  • The Jammu & Kashmir Public Safety Act (PSA), 1978, facilitates preventive detention to safeguard state security and public order.

Administrative Activation:

  • Activation of the PSA doesn’t require police detention orders but administrative directives by Divisional Commissioners or District Magistrates.
  • Similar to the National Security Act (NSA), PSA allows preventive detention for maintaining security and public order.

Source:

https://indianexpress.com/article/india/jammu-kashmir-high-court-public-safety-act-detention-9271991/#:~:text=Quashing%20the%20detention%20of%20a,%2C%20which%20it%20is%20not%E2%80%9D.