• About us
  • Contact us
  • Our team
  • Terms of Service
Tuesday, January 13, 2026
Kashmir Images - Latest News Update
Epaper
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER
No Result
View All Result
Kashmir Images - Latest News Update
No Result
View All Result
Home TOP NEWS

HC gives ‘final opportunity’ to govt to file response to PIL challenging legality of PSA

Images News Netwok by Images News Netwok
December 21, 2022
in TOP NEWS
A A
0
PIL seeks HC intervention for establishing daycare centres, old-age homes for elderly
FacebookTwitterWhatsapp

Srinagar: The High Court of J&K on Tuesday granted the government “last and final” opportunity to file its response to a Public Interest litigation (PIL) challenging legality of Public Safety Act (PSA).

“Last and final opportunity is granted to the respondents (authorities) to file the counter-affidavit,” said a bench comprising acting Chief Justice Tashi Rabstan and Justice Rajesh Sekhri said while hearing the PIL.

More News

Class 10th, 12th results to be declared on January 14: Minister Itoo

Budget Session of J&K Assembly to begin on Feb 2, conclude Apr 4; budget on Feb 6

Govt will continue with budget framework initiated last year despite fiscal constraints: CM

Load More

The PIL filed by senior advocate Syed Tassaduq Hussain in 2019 challenges the “legality” of the “controversial” preventive detention law.

It stated that the Act is illegal because it contravenes 44th (1979) amendment to the Constitution of India. The Union of India was bound to bring this amendment into force, it says.

Hussain pointed out that for the past 46 years, amendment to Article 22 has not been brought into force in J&K. He accordingly has sought direction to the Union of India for bringing into force the modification.

“Amendment provided drastic changes that a person could be detained under PSA initially only for a period of two months and that the 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,” says the PIL.

It also confronts the legality of Sections 8 and 16 of the Act on the grounds of being in violation of Article 14 of the Constitution of India.

“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 lawyer pleaded.

The plea underscored that “power to detain is power of the state” and a “divisional commissioner or district magistrate cannot detain a person”.

It said that the delegation of powers to detain the persons under Sections 8 and 16 of the J&K PSA, 1978 in Divisional Commissioners or District Magistrates “is illegal” and that the Section 10 of the enactment was also contrary to law.

The petitioner stated that the detainee cannot be moved from one place of detention without show cause. The petitioner is relying on a judgment of the House of Lords in England which, he submits, still holds good.

He contended that amendment to Article 22 of the Constitution of India was made by the Parliament and also received the assent of the President of India and became law.

The PIL also raises the issue of legal aid for the detenues, who it said are poor people without financial means.

He said the state is bound to provide legal aid to a detenue booked under PSA. “Where the state detains a person under PSA, it has a duty under Article 22 of the Constitution and Articles 20 and 21 to provide legal aid to the detenue.”

 

Previous Post

Govt constitutes JKMAC for grant of accreditation to news media

Next Post

US wants constructive dialogue not ‘war of words’ between India, Pak

Images News Netwok

Images News Netwok

Related Posts

Class 10th, 12th results to be declared on January 14: Minister Itoo

Women stepping into once inaccessible roles: Sakeena Itoo
January 13, 2026

Jammu: The results of class 10th and 12th examinations will be declared on Wednesday, January 14, Education Minister Sakina Itoo...

Read moreDetails

Budget Session of J&K Assembly to begin on Feb 2, conclude Apr 4; budget on Feb 6

J&K Assembly approves demand for grants of Rs 1,69,2 crore for six departments
January 13, 2026

Jammu: The 27-day-long Budget Session of the Jammu and Kashmir Assembly will commence here on February 02, with the Omar...

Read moreDetails

Govt will continue with budget framework initiated last year despite fiscal constraints: CM

IWT caused long-term harm to J&K, suspension will restore water rights: CM Omar Abdullah
January 13, 2026

Jammu: Chief Minister Omar Abdullah on Monday said that despite fiscal constraints, the government would continue with the budget framework...

Read moreDetails

Transforming J&K’s cultural, spiritual soul into global art hub shared responsibility: LG Sinha

Transforming J&K’s cultural, spiritual soul into global art hub shared responsibility: LG Sinha
January 13, 2026

Jammu: “From spiritual, cultural roots to new creative horizons, it is our collective responsibility to re-imagine Jammu & Kashmir as...

Read moreDetails

CM assures BJP MLAs of written update on status of development projects in Jammu

NC only party taking BJP head on: CM Omar
January 13, 2026

Jammu: Chief Minister Omar Abdullah on Monday assured the opposition BJP MLAs here that each of them would receive a...

Read moreDetails

LG, CM greet people on Lohri & Makar Sankranti

J&K leaders grieve plane crash deaths
January 13, 2026

Jammu: Lieutenant Governor Manoj Sinha and Chief Minister Omar Abdullah have greeted the people on the occasion of the festivals...

Read moreDetails
Next Post
No change in policy on Jammu and Kashmir, says US

US wants constructive dialogue not 'war of words' between India, Pak

  • About us
  • Contact us
  • Our team
  • Terms of Service
E-Mailus: kashmirimages123@gmail.com

© 2025 Kashmir Images - Designed by GITS.

No Result
View All Result
  • TOP NEWS
  • CITY & TOWNS
  • LOCAL
  • BUSINESS
  • NATION
  • WORLD
  • SPORTS
  • OPINION
    • EDITORIAL
    • ON HERITAGE
    • CREATIVE BEATS
    • INTERALIA
    • WIDE ANGLE
    • OTHER VIEW
    • ART SPACE
  • Photo Gallery
  • CARTOON
  • EPAPER

© 2025 Kashmir Images - Designed by GITS.