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.
