What is the Jammu and Kashmir Public Safety Act?
- It is a preventive detention law that allows the State government to detain a person up to two years without a trial. It is similar to the National Security Act, but this was enacted two years before the NSA came into being.
Features of the Act
- In police custody, a person has to be produced before a magistrate within 24 hours of detention. But the PSA allows the State to hold a person without producing them in court.
- Within four weeks of passing the detention order, the government has to refer the case to an Advisory Board. This Advisory Board will have to give its recommendations within eight weeks of the order. If the Board thinks that there is cause for preventive detention, the government can hold the person up to two years.
- The person detained has limited rights. Usually when a person is arrested, they have the right to legal representation and can challenge the arrest. But, when a person is arrested under the PSA, they do not have these rights before the Advisory Board unless sufficient grounds can be established that the detention is illegal.
- According to Section 13(2), the detaining authority need not even inform the detained individual as to the reason for the action, if it decides that it goes against public interest.
- [Art 22(1) and 22(2) provide for protection against arrest and detention. Art 22(3) provides for exceptions to the previous clauses through detention laws]