Mehbooba Mufti, Omar Abdullah, Farooq Abdullah and now Shah Faesal, with the day going by the list of names of political leaders detained under the draconian Public Safety Act (PSA) keeps on increasing. However, how can a person be detained or arrested without committing any crime? How this draconian act of PSA came into existence in India.
What Is Public Safety Act?
The Public Safety Act (PSA), 1978, of Jammu & Kashmir is an administrative detention law that allows detention of any individual for up to two years without a trial or charge. The Public Safety Act allows for the arrest and detention of people without a warrant, specific charges, and often for an unspecified period of time.
However in some cases, the Act makes provisions for the detained person to be informed about the reason of custody, and also gives them an opportunity to make a case against their detention to the government. However, the detaining authority is not required to reveal any facts “which it considers being against the public interest to disclose”. This Act extends to the whole of Jammu & Kashmir.
The PSA permits administrative detention or arrest for up to two years “in the case of a person acting in any manner prejudicial to the security of the state”, and for up to a year where “any person is acting in any manner prejudicial to the maintenance of public order”. A detention order under the PSA is issued either by the Divisional Commissioner or District Magistrate.
Why PSA Is In News?
After PM Modi abrogated article 370 in August, prominent leaders of Kashmir were in house arrest, however when the supreme court of India interfered into this matter and asked the government to release the detainees, some were released, however, many were detained under the Public Safety Act (PSA)
How PSA Came Into Existence?
In the year 1977, when the PSA was first introduced as ordnance —it was kept secret from the public for eight days before news leaked. Ironically, it was Sheikh Abdullah who had advocated the need of PSA to fight crimes like timber-smuggling. However, he never explained why police were not able to fight such crimes.
The fact was the PSA was totally political driven step. In the 1977 Jammu and Kashmir elections, the Janata Party had allied with Kashmir's Islamist party, the Jama'at-e-Islami, the first credible political threat to the National Conference long-standing leadership.
Having faced tough competition, Sheikh Abdullah started doing communal politics. He accused the Jama'at of allying with "those whose hands were still red with the blood of Muslims". National Conference leaders began administering oaths to their cadre on the Quran and a piece of rock salt — a popular symbol of Pakistan.
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The campaign of Abdullah was a success: the National Conference lost in Jammu however, it won all 42 seats in Kashmir. Then, to make sure the Opposition didn't recover, the police was unleashed against Jama'at leaders like Patel.
Some Facts on PSA
As per Amnesty International report, there have been approx 20,000 arrests under the Act since 1978. Between March 2016 and August 2017, there were over 1,000 arrests under the PSA. It was the period of uprising revolt by Kashmiris after the killing of Burhan Wani.
On 8 August 1953, he was dismissed as Prime Minister by the then Sadr-i-Riyasat (Constitutional Head of State) Dr Karan Singh, son of the erstwhile Maharajah Hari Singh, on the charge that he had lost the confidence of his cabinet. Sheikh Abdullah was immediately arrested and later jailed for eleven years, accused of conspiracy against the State in the infamous "Kashmir Conspiracy Case. It is said that it Indian National Congress which imposed PSA on Abdullah.
Why Mufti, Abdullah, Shah Faesal is still detained?
Former civil servant and chief of Jammu and Kashmir Peoples' Movement (JKPM) Shah Faesal, three former Chief Ministers - Mehbooba Mufti, Omar Abdullah and Farooq Abdullah has been under detained under PSA. As per the central government, the detained leaders may invoke peace and harmony of the Kashmir Valley which has been settled after the abrogation of article 370.
How To Come Out of Detention?
There are two ways in which a person can come out of detention under PSA. By the government's wish or by applying the writ of 'Habeas corpus'. Habeas corpus is a writ seeking production of person, who has allegedly been in illegal detention, before a court.
Umar Abdullah's sister has already applied the write of Habeas corpus in the Supreme Court of India.