J&K Sessions Court Affirms Only Government Can Implement Public Safety Act
Court Declares PSA Invocation Is Government Prerogative
A sessions court in Kishtwar has clarified that the invocation of the Jammu and Kashmir Public Safety Act (PSA) is solely within the domain of the government, and courts do not have the authority to impose or review such orders. Principal Sessions Judge MS Manhas emphasized that only constitutional courts have the jurisdiction to assess the validity of preventive detention orders under the PSA, which is a measure distinct from substantive law.
Contempt Proceedings Against Police for PSA Detention
The ruling arose from a revision petition filed by the administration challenging a Chief Judicial Magistrate’s (CJM) order. The CJM had initiated contempt proceedings against police officers for detaining an individual under the PSA after he had been granted bail in a cattle smuggling case. The CJM had sought explanations from the Deputy Commissioner and the Senior Superintendent of Police and considered referring the matter for criminal contempt to the High Court of Jammu & Kashmir and Ladakh.
Sessions Court Issues Stay and Notice
In response to arguments presented by Advocate Rajesh Sharma for the State, the sessions court stayed the CJM’s order and issued a notice to the involved parties. The next hearing in the matter is scheduled for August 28.
(With inputs from agency)
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