THE GIST of Editorial for UPSC Exams : 08 February 2020 (The Jammu and Kashmir Public Safety Act (The Hindu))

The Jammu and Kashmir Public Safety Act (The Hindu)

• Mains Paper 2: Polity 
• Prelims level: Public Safety Act
• Mains level: Uses of Public Safety Act in accordance with Indian constitution 

Context:

• Former Jammu and  Kashmir Chief Minister Dr. Farooq Abdullah was detained under the State’s Public Safety Act on September 16, for 12 days. 
• This was hours before the Supreme Court was due to hear Rajya Sabha Member Vaiko’s habeus corpus petition, seeking the Jammu and  Kashmir government to produce him in court and release him from detention.

What is the Public Safety Act?

• The law was introduced by Sheikh Abdullah (Farooq Abdullah’s father) in 1978. But it’s purpose was different. It was brought in to prevent timber smuggling, and keep the smugglers in prison. This 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.

Why has he been detained under PSA now?

• 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.

What happens after PSA is used?

• 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. There have been cases where the High Court has interfered and quashed the detention.
• 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.

Has this been used before?

• Last month, former IAS officer and founder of Jammu and Kashmir People’s movement Shah Faesal was stopped from flying out of the country from the Delhi Airport and sent back to Srinagar, where he was detained under the PSA. He is still under detention.
• In the wake of the Pulwama attack, scores of detainees were slapped with this law, and Jammu and  Kashmir Governor Satya Pal Malik had approved an amendment to move detainees to jails outside the State.
• Hurriyat leaders like Masarat Alam, JKLF leader Yasin Malik have also been detained under this law. Incidentally, in January this year, National Conference vice president and son of Dr. Abdullah, Omar Abdullah had promised to repeal the controversial Act if he came back to power in the State.

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Prelims Questions: 

Q.1) With reference to the India International Seafood Show (IISS) 2020, consider the following statements:
1. The theme of this year’s seafood show is “Blue Revolution- Beyond Production to Value Addition”. 
2. It is being organized by the Marine Products Export Development Authority (MPEDA), under Ministry of Commerce and Industry in association with the Seafood Exporters Association of India (SEAI).

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both  
(d) None
Answer: C

Mains Questions: 
Q.1) What is the Public Safety Act? What are the uses of it?