Abstract:

It has been more than 4 decades since the enactment of Jammu and Kashmir Public Safety Act, 1978 (hereinafter referred as JK Public Safety Act or PSA), which in fact is given in the hand of the Administration or the executive body of the State and not the Judicial Body. Since its inception, it was enacted to protect the society from timber smugglers. But later, within a decade it is noticed that PSA was used to detain the political leaders. Moving further in timeline, it is noticed that PSA is being used to detain the normal individuals, hence, it is used and quoted as unbridled Act in the hands of the existing Government. Since, the enactment of the Act, it is observed that, despite the proper Criminal Procedure Code or Indian Penal code or Forest Act, in the time of emergencies or even at the time of protest, the Administration without any charge or fair trial start detaining the political leaders or normal individuals. In this research paper it will observed to what extent PSA is a necessity or is it just an unbridled powered Act.

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