In the ongoing Delhi violence, what action can the state government take in a UT where police are under the Centre? Under what circumstances can Delhi call for central forces? And if called, what is the state’s role?
Two earlier judgments related to the PSA, passed by a single-judge bench of the Jammu & Kashmir High Court, had quashed administrative orders, underlining that preventive detention “cannot be used as an instrument to keep a person in perpetual custody without trial”.
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.
Section 83 (2) of the JJ Act was invoked against at least 33 accused named in an FIR lodged on December 21 at the Civil Line police station in Muzaffarnagar — that FIR was also against 3,000 unknown accused.
Despite the case being related to rioting and alleged damage of public property by the accused, the police did not seize any weapons from any of the identified accused on the day the incident took place.
In the FIR against 17 persons, who have been charged with rioting, the police have admitted they fired and have given a clean chit to their personnel on the grounds that the firing was done to control the mob and in self-defence.
Ravi Shankar Prasad's remarks, in a detailed interview to The Sunday Express, assume significance as more than half-a-dozen state governments, including Bihar, led by BJP ally JD(U), have opposed implementation of a nation-wide NRC. At least two have also said they won’t allow the NPR as it might lead to an NRC.
While police claimed that no minor had been detained, the two families have alleged that their boys have been lodged in Bareilly jail for a week. Protests in Sambhal had turned violent last Thursday, leaving two dead.
Their families say both worked as drivers, and were on their way to work when they were killed in firing during protests in UP against the new citizenship law. And more than 24 hours later, no one knows who killed them.