Excelsior Correspondent
SRINAGAR, Nov 6: The State High Court today asked the Advocate General of J&K to be available before it on November 18 in order to argue the petition seeking scrapping of J&K public Safety Act 1978 on its maintainability.
It was on previous hearing that the AG had raised the objection on maintainability of the PIL and submitted that the Sections 2 and 8 of the Public Safety Act are in tune with the consonance of Article 35 (c) of Indian constitution and Re-organization Act of 2019.
Today the petitioner counsel Syed Tasaduk Hussain submitted before the division bench of Justice Ali Mohammad Magrey and Justice Tashi Rabstan that he was ready to argue the matter on preliminary objections raised by the Advocate General. However due to non availability of AG in the court, the matter was deferred and the court asked the AG to be available before it on November 18 so that the matter be considered on its maintainability.
Senior Advocate Syed Tasaduq Hussain had filed the PIL seeking that the amendments made to Article 22 of the constitution four decades ago may be brought into force in J&K within a time limit. He said no Magistrate has power to detain a person under the Act.
While the PIL sought that the amendments made to Article 22 of the Constitution four decades ago may be brought into force in J&K within a time limit, it said no Magistrate has power to detain a person under the Act.
Advocate Hussain submitted that the power to detain a person was power to be exercised by the Government. “So no Magistrate has power to detain any person as detention of the person is a sovereign function of the State and no sovereign function of the State can be delegated to any Divisional Commissioner or any District Magistrate in the State of J&K,” read the PIL.
He submitted that the Section 8 of the PSA 1978 was totally illegal so far Divisional Commissioner or District Magistrate has been granted powers to detain a person.
“The person detained is expected to keep his witnesses ready which is totally irrational because a person under detention cannot meet his witnesses and should have a right to statutorily summon his evidence”, the PIL said.
“The Government in all cases from August 5 has acted in supervisory capacity. No verification and non-satisfaction of Government about necessity to detain renders all detentions illegal”, the PIL read.
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