PIL challenging constitutional validity of Section 18 of PSA
Excelsior Correspondent
JAMMU, Feb 23: Division Bench of High Court comprising Justice Dhiraj Singh Thakur and Justice Javed Iqbal today issued notice to Chief Secretary and Law Secretary in a Public Interest Litigation (PIL) filed by one Mustafa Haji challenging the constitutionality of Section 18 of Public Safety Act, 1978 seeking response within four weeks.
Advocate Zulker Nain Sheikh appearing for the petitioner submitted that Section 18 of Public Safety Act 1978 is violative of Article 22(7) of the Constitution of India. “Since the special status of Jammu and Kashmir has been done away with and Article 370 has been abrogated the residuary powers of the State of Jammu and Kashmir with respect to the preventive detention laws will also no longer remain the same”, he added.
“Entry 9 of the Union List and Entry 3 of the Concurrent List of the Constitution of India shall not be applicable to the State of Jammu and Kashmir. Therefore Section 18 of the Public Safety Act 1978 which was earlier saved from the applicability of section of Article 22(7) will no longer remain the same and due to the applicability of Article 22(7) now to the Union Territory of Jammu and Kashmir, Section 18 of the Jammu and Kashmir Public Safety Act shall be violative of Article 22 of the Constitution of India”, he further submitted.
Advocate General D C Raina sought time to file response and was granted 4 weeks time to file the response.
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