J&K Govt Drops PSA Charges in First 3 Replies to HC on Petitions Challenging Detention
Jaipur: Responding to challenges made in over 250 habeas corpus writs in the Jammu and Kashmir high court against the illegal detention under the Public Safety Act (PSA), the state home department, in its first three responses, has said that the PSA charges have been revoked against the detainees.
According to the Indian Express, J&K senior additional advocate general (AAG) B.A. Dar informed the single-judge bench of Justice Ali Mohammed Magrey on September 30 that it has revoked the detention orders passed by the district magistrates in the three cases. The court, on the same day, disposed of the habeas corpus petitions filed by the relatives of the detainees as “settled”.
“B.A.Dar, Sr. AAG, has produced a copy of the Government Order No. Home/PB-V/1544 of 2019 dated 02.09.2019, in terms whereof the detention order of the detenue bearing No. DMS/ PSA/ 86/2019 dated 17.08.2019 has been revoked. In that view of the matter, the petition does not survive, therefore, is disposed of as settled,” the HC order stated.
In the first case, the relatives of petitioner Asrar Yaqoob Pahlo, who was detained on August 17, moved the high court on August 28, claiming that the detention order was not passed “in good faith”. This is contrary to the provision under Section 22 of the PSA which states, “No suit, prosecution or any other legal proceeding shall be against any person for anything done or intended to be done in good faith in pursuance of the provisions of this Act.”
The government informed the court that the PSA charges against the petitioner were revoked on September 2.
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In the second and third cases, the detentions were challenged on the grounds that the activities of the detainees don’t constitute a threat to security of the state. Under Section 8 of the PSA, it’s been laid that the government may detain certain persons whose actions could be potential threat to security of the state. “The Government may if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the state or the maintenance of public order,” the section reads.
PSA on the second petitioner Zahid Firdous Mir was invoked on August 8. After his relatives challenged his detention in the court on September 2, the charges were revoked on September 29. Similarly, the third petitioner Javid Ahmad Khan was slapped with the PSA on August 27, which was revoked on September 28 after his family moved to court on September 19.
Also read: J&K High Court Quashes Preventive Detention, Kindles Hope for Other Detainees
The PSA in Jammu and Kashmir is known for its rampant misuse. It allows the government to detain any person above 16 years of age for a period of two years “in case of persons acting in any manner prejudicial to the security of the State”. Divisional commissioners or district magistrates are authorised to issue the detention orders, without even disclosing the reason for such detention. In 2018, the Act was amended to detain even the individuals outside the state.
Earlier, the Jammu and Kashmir government revoked the PSA charges that had been slapped against two minors after the families challenged the detention in the high court.
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