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A sessions court in Kishtwar recently observed that only the government can invoke provisions of the Jammu and Kashmir Public Safety Act, 1978 (PSA) and courts cannot do the same (State v. Sher Mohd and Ors).
Principal Sessions Judge MS Manhas said that only a constitutional court can look into the validity of a preventive detention order under the PSA and that magisterial courts don’t have jurisdiction to comment upon such order.
“Slapping of PSA is the domain and prerogative of the Government and courts have no jurisdiction in that matter because this is not the substantive law rather is preventive measure and the police and administration are well within their powers to exercise this right keeping in view the typical facts and circumstances of a particular case. It is only Constitutional Court which can ponder into the validity of such order of PSA and the Magisterial courts don’t have jurisdiction to comment upon such preventive orders,” the judge said.
The Court was hearing a revision petition filed by the administration challenging an order passed by a Chief Judicial Magistrate (CJM) in a cattle smuggling case. The CJM had initiated contempt proceedings against the Deputy Commissioner and the Senior Superintendent of Police for detaining a person under the PSA after he was granted bail in the case.
The CJM had sought an explanation from the police officials as to why the case should not be referred to the High Court of Jammu & Kashmir and Ladakh for criminal contempt.
After hearing arguments by Advocate Rajesh Sharma on behalf of the State, the sessions court kept the CJM’s order in abeyance and issued notice to the respondents.
The matter will be heard next on August 28.
This story was originally published in barandbench.com.
