Preventive Detention, PSA and NSA

Preventive Detention, PSA and NSA

Part of: GS Prelims and GS-II- Polity 

In News: 

• 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:

Preventive Detention

• 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.