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No need for revocation of PSA: Govt

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SRINAGAR, Oct. 1 — The state government today said there is no proposal or need for revocation of Public Safety Act (PSA) given the additional safeguards incorporated in the act through various amendments.

In a written reply to the question of CPI (M) MLA Mohammad Yousuf Tarigami, the government has said that since 2009 till July 31, 2013 a total of 1257 persons were booked under this law while as 945 PSA detainees got quashment orders from the Court and 66 persons were re-detained by the authorities during this time.

Tarigami through his question had sought district vise details and number of persons taken into custody under PSA, number of cases where the detentions orders issued under PSA were quashed and whether the government has a policy of revolving door detentions.

In its reply the government has said: “There is no concept or policy of revolving door detention under PS. However some persons are re-detained under PSA Act 1978 due to their deep involvement in terrorist or other heinous crimes, in the interest of security of the state and for maintenance of public order. Their detention is confirmed only after the competent authority satisfies itself about the grounds of detention.”

Tarigami had asked whether there is a strong demand to annul this ‘draconian’ law, if so, the steps contemplated to be taken in this regard. The government said: “The PSA is existing in the state prior to militancy. The Act covers public order, smuggling of timber etc besides activities prejudicial to the security of the state. The Act has sufficient inbuilt safe guards including reference to advisory board set up under the Act to confirm or recommend revocation of the detention order leaving no scope for its misuse or arbitrary application by any authority.”

The government adds: “…as per the amendment clause (f) inserted after clause (e) in sub section 3 of section 8 which came to effect from April 2012 provides no citizen of India who has not attained the age of 18 years can be detained under clause (a) and (a-i) of section 8 of the Act. In view of these additional safe guards there is no proposal or need for revocation of PSA.”

(Originally published in Kashmir Times on October 02, 2013)

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