This is an archive article published on February 10, 2020
Premium

J&K HC distances itself from PSA arrests, says not right forum

At least 300 cases challenging preventive detentions made under the PSA — the law allows for detention without a formal charge and without trial for up to two years — are pending before the High Court.

Written by: Kaunain Sheriff M
4 min readNew DelhiFeb 10, 2020 07:08 AM IST First published on: Feb 10, 2020 at 03:12 AM IST
Mehbooba Mufti, Mehbooba Mufti PSA, omar abdullah, omar abdullah PSA, Public Safety Act, Jammu and Kashmir, kashmir PSA cases, indian express Judge Rabastan’s observations are in sharp contrast to the manner in which the court has in the past quashed orders passed by the administration under the PSA. (File)

Dismissing a petition against preventive custody under the stringent Public Safety Act (PSA), a single judge bench of the J&K High Court on Friday made two remarks that are likely to hold implications for the 300-odd such petitions pending in court — that preventive detention under PSA is “based on suspicion or anticipation and not on proof” and that “subjective satisfaction” of detaining authority to detain a person or not “is not open to objective assessment by a court”.

Read | J-K: Detained since August, Omar Abdullah, Mehbooba Mufti hit with stringent PSA

Advertisement

Justice Tashi Rabastan, while dismissing a petition filed by J&K High Court Bar Association president Mian Qayoom, who is in custody under PSA, also said that a “court is not a proper forum to scrutinise the merits of administrative decision to detain a person” and that this matter “lies within the competence of the Advisory Board”.

As City Editor ( Delhi) at the Indian Express, Kaunain Sheriff  le... Read More

Latest Comment
Post Comment
Read Comments