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| DB grants one month’s time to AG for filing response | | |
EARLY TIMES REPORT
SRINAGAR, May 18: In a Public Interest Litigation challenging the legality of the PSA and seeks its scraping. “PSA is illegal because it contravenes the 44th (1979) amendment to the Constitution of India. Union of India was bound to bring this amendment into force.
A Division Bench of Jammu & Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul grants one month time to Advocate General for filling response.
In the PIL it has been submitted that “Amendment provided drastic changes that a person could be detained under PSA initially only for a period of two months and that chairman of the advisory board would either be Chief Justice of the state or a sitting judge of the High Court so that the matter is reviewed dispassionately,’’ Hussain pleads. Union of India, the petitioner submits, is flouting and violating the will of the parliament which is a negation of democratic temper of the Constitution of India. While the petition points out that for the last 46 years amendment to Article 22 has not been brought into force, it seeks direction from the court to the Union of India for bringing into force the same. “Section 8 of the PSA should be declared illegal because the government has to approve the detention but it cannot approve without hearing the detenue,” the petitioner pleads.
Underscoring that “power to detain is power of the state” the petition says that a “divisional
In the PIL, Hussain has raised the issue of legal aid which, he says, the state is bound to provide to a detenue booked under PSA. “Where the state detains a person under PSA, it has a duty under article 22 of the constitution read with articles 20 and 21 to provide legal aid to the detenue,” the senior advocate pleads in the PIL. JNF
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