Preventive Detention, PSA and NSA
Part of: GS Prelims and GS-II- Polity
- Public Safety Act and National Security Act were in news because of recent detentions that took place after abrogation of Article 370 and also due to NCR and Anti-CAA protests.
- Besides, recently former J&K CM Omar Abdulla was released after revocation of his detention.
- So it is important to understand the concept of Preventive detention and FRs as well.
Important value additions:
- It is the imprisonment of a person with the aim of preventing him from committing further offences or of maintaining public order.
- Article 22 (3) – If a person is arrested or detained under preventive detention, then the protection against arrest and detention under Article 22 (1) and 22(2) shall not be available.
- A detainee under preventive detention can have no right of personal liberty guaranteed by Article 19 or Article 21.
- To prevent reckless use of Preventive Detention, certain safe guards are provided in the constitution:
- A person may be taken to preventive custody only for 3 months at the first instance.
- The detainee is entitled to know the grounds of his detention.
- The detaining authorities must give the detainee earliest opportunities for making representation against the detention.
Public Safety Act (PSA)
- The Jammu & Kashmir Public Safety Act, 1978 is a preventive detention law.
- A person is taken into custody to prevent him/her from acting in a manner that is a threat to the security of J&K.
- It is very similar to the National Security Act.
- It allows for detention of a person without a formal charge.
- Detention can be up to two years.
- Detained person need not be produced before a magistrate within 24 hours of the detention.
- The detained person does not have the right to move a bail application before a criminal court.
- He/she cannot engage any lawyer also.
- Only The High Court and the Supreme Court have the jurisdiction to hear habeus corpus petitions against the detention.
National Security Act
- The purpose of The National Security Act of 1980 is to make provisions for preventive detention in certain cases and for related matters.
- The act extends to the whole of India.
- The act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial:
- to the security of India,
- to the relations of India with foreign countries,
- to the maintenance of public order,
- to the maintenance of supplies and services essential to the community it is necessary so to do.
- The act also gives power to the governments to detain a foreigner in a view to regulate his presence or expel from the country.
- The maximum period of detention is 12 months.