The PSA Act in Jammu & Kashmir refers to the Jammu and Kashmir Public Safety Act, 1978 (PSA). It is one of the most debated and controversial laws in the region. Below are the detailed notes:
📌 Jammu & Kashmir Public Safety Act (PSA), 1978
1. Introduction
Enacted in 1978 by Sheikh Abdullah’s government.
Originally framed to curb timber smuggling but later extended to political and security matters.It is a preventive detention law – allows authorities to detain a person to prevent them from acting against public order or security of the state.
2. Key Provisions
Detention Period:
Up to 2 years for activities “prejudicial to the security of the State”.Up to 1 year for activities “prejudicial to public order”.
Authority: District Magistrate (DM) or Divisional Commissioner can issue detention orders.
Judicial Review: Detentions under PSA cannot be challenged in court for procedural lapses, only for legality.
Advisory Board: Must approve detention within 8 weeks.
3. Grounds of Detention
Threat to the security of the state.
Threat to the maintenance of public order.Involvement in smuggling, anti-national activities, incitement, or violence.
4. Criticism of PSA
Known as a “lawless law” (Amnesty International’s term).
Allows detention without trial, violating Article 21 (Right to Life & Liberty) and Article 22 (Protection against preventive detention).Can be misused for political purposes (many leaders, activists, youth detained).
Lack of fair trial and transparency.
5. PSA after Abrogation of Article 370 (2019)
After 5th August 2019, J&K became a Union Territory.
PSA continues to be in force (not repealed).Used to detain several political leaders (e.g., Farooq Abdullah, Omar Abdullah, Mehbooba Mufti).
Still applied frequently against stone-pelters, separatist leaders, and individuals considered security threats.
6. Judicial Stand
Supreme Court and J&K High Court have repeatedly held:
Preventive detention should be used only in exceptional cases.
Personal liberty is sacrosanct under the Constitution.However, PSA remains valid as a law.
7. Important MCQs for Exams
Q1. PSA Act in J&K was introduced in which year?
➡️ 1978
Q2. Maximum period of detention under PSA for “security of state”?
➡️ 2 years
Q3. Who can issue detention order under PSA?
➡️ District Magistrate / Divisional Commissioner
Q4. PSA is known as a “lawless law” – who called it so?
➡️ Amnesty International
Q5. After abrogation of Article 370, is PSA still applicable?
➡️ Yes
📌 Legal Position
PSA, 1978 does not exempt legislators (MLAs/MPs) from detention.
Preventive detention is an executive action, not a criminal conviction, so being an MLA does not give immunity.Article 194/105 of the Constitution (parliamentary privileges) protect MLAs/MPs for speeches and voting inside the legislature, but not from preventive detention laws.
📌 Examples in J&K
Farooq Abdullah (sitting MP, former CM) was detained under PSA in 2019 after abrogation of Article 370.
Mehbooba Mufti (former CM, MLA) was also detained under PSA in 2019.Several sitting MLAs and political leaders have faced PSA detention during unrests.
📌 Key Point for Exams
Yes, an elected MLA in J&K can be detained under PSA if authorities believe his/her activities are prejudicial to public order or security of the state.
Such detention is preventive, not punitive📌 How PSA Can Be Challenged in High Court
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Habeas Corpus Petition
Grounds of Challenge
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Court’s Power
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The High Court cannot question the subjective satisfaction of the District Magistrate/Divisional Commissioner (detaining authority).
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But it can quash the detention if:
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Procedure was not followed,
- Grounds are not relevant,
- Or detention is mala fide (politically motivated).
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Masrat Alam case (separatist leader) – PSA detention quashed multiple times by J&K High Court.
- Farooq Abdullah PSA detention (2019–2020) – challenged in High Court, later revoked by government.
📌 Important for Exams
Yes, PSA detention can be challenged in High Court/Supreme Court.
Writ of habeas corpus is the main legal remedy.Court checks procedural legality, not merits of accusation.
Extension to Political & Security Matters
1978 (Original PSA): Focused mainly on timber smugglers and economic offenders.
Early 1980s Amendments: The law was expanded to include detention for activities prejudicial to the maintenance of public order.1987–1990 (Insurgency period): PSA was further used and strengthened to deal with political activists, separatists, and militants.
Over time, it became a key tool to detain people accused of anti-national activities, stone pelting, separatist propaganda, or threats to the security of the State.
📌 Key Point
👉 PSA was extended from timber smuggling to political and security matters in the early 1980s, and heavily invoked during the insurgency of the late 1980s and 1990s.
Timeline of PSA and Governments in J&K
1978 – PSA enacted under Sheikh Abdullah (National Conference government).
Aim: Curb timber smuggling.Early 1980s – PSA extended to political & security matters.
Ruling Government:His government began using PSA against political opponents and separatists.
Late 1980s–1990s – During insurgency, PSA was used widely.
1987: Farooq Abdullah (NC-Congress alliance).1990: Governor’s Rule imposed; PSA became a tool for mass detentions.