Why in news
Legislative Assembly elections are scheduled to be held in Jammu and Kashmir from September to October 2024 in 3 phases to elect 90 members of Jammu and Kashmir Legislative Assembly.
Regional parties have promised to fight for the restoration of Article 370
The J&K National Conference (NC), Peoples Democratic Party and J&K Peoples’ Conference, have pledged to reverse many measures taken after 2019 and revoke the Public Safety Act (PSA)
Public Safety Act (PSA)
The Jammu & Kashmir Public Safety Act (PSA), 1978 is a preventive detention law
Under PSA a person is taken into custody to prevent him or her from acting in any manner that is prejudicial to “the security of the state or the maintenance of the public order”.
It is very similar to the National Security Act that is used by other state governments for preventive detention.
It comes into force by an administrative order passed either by Divisional Commissioner or the District Magistrate
not by a detention order by police based on specific allegations or for a specific violation of laws.
Issues with Public Safety Act
Detention Without Trial
No Right to File Bail Application by the detained
Limited legal remedies: The preventive detention order can be challenged is only through a habeas corpus petition
The District Magistrate who has passed the detention order has protection under the Act
officials are protected from any prosecutions or any legal proceedings
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