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| DB issue notice to CS, Law Secy; seeks response within four weeks | | PIL challenging constitutional validity of Sec-18 of PSA | | Early Times Report
JAMMU, Feb 23: Division Bench of J&K High Court, Jammu wing comprising Justice Dhiraj Singh Thakur and Justice Javed Iqbal today issued notice to Chief Secretary and Law Secretary in a Public Interest Litigation filed by one Mustafa Haji challenging the constitutionality of section 18 of Public Safety Act (PSA), 1978.
While hearing Advocate Zulker Nain Sheikh appearing for the petitioner, the Division Bench has issued notice to the law Secretary, Department of Legal Affairs, Chief Secretary, Govt. of J&K and Secretary to Department of Law, Justice and Parliamentary affairs and directed to file response within four weeks.
Advocate Zulker Nain Sheikh while arguing the matter submitted that Section 18 of Public Safety Act 1978 is violative of Article 22(7) of the Constitution of India. Since the special status of Jammu and Kashmir has been done away with and Article 370 has been abrogated the residuary powers of the state of Jammu and Kashmir with respect to the preventive detention laws will also no longer remain the same. The maximum period of detention under the National Security Act therefore remains one year as mentioned under section 13 of the Act section 18 of the Public Safety act 1978 of Jammu and Kashmir on the other hand talks about a maximum punishment for two years in the case of actions which are against the security of state and therefore is in conflict with section 13 of National Security Act 1980 and therefore ultra vires. On the other hand Advocate General D C Raina appeared for UT of J&K and sought time to file response and was granted 4 weeks' time to file the response.
Advocate Sheikh further contended that since both the National Security Act of 1980 and the Jammu and Kashmir Public Safety Act 1978 are applicable to Jammu and Kashmir, there is a direct conflict between the two acts with regard to the maximum punishment both the laws prescribes. And since the maximum punishment for the preventive detention as per article 22(7) of the Constitution shall be decided by the Parliament and since further the National Security Act 1980 is the law made by the Parliament the maximum punishment as decided by National Security Act should be taken as a position with regard to the maximum punishment in preventive detention and therefore section 18 of Jammu and Kashmir Public Safety act 1978 which prescribes maximum punishment of two years as opposed to One year under the National Security Act , section 18 is violative of article 22(7) of the Constitution of India and hence need to be struck down.
—JNF |
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