Jammu: A Sessions Court in Kishtwar has observed that the provisions of the Jammu and Kashmir Public Safety Act (PSA) can be invoked only by the government and courts cannot do the same.
Principal Sessions Judge MS Manhas in the judgment said that only a constitutional court can look into the validity of a preventive detention order under the PSA and that magisterial courts don’t have jurisdiction to comment upon such order. The next hearing of the case has been listed on August 28.
The court was hearing a revision petition filed by the administration challenging an order passed by a Chief Judicial Magistrate (CJM) in a cattle smuggling case. The CJM had initiated contempt proceedings against the Deputy Commissioner and the Senior Superintendent of Police for detaining a person under the PSA after he was granted bail in the case.
Slapping of PSA is the domain and prerogative of the Government and courts have no jurisdiction in this matter because this is not the substantive law rather it is preventive measure and the police and administration are well within their powers to exercise this right keeping in view the typical facts and circumstances of a particular case. It is only constitutional court which can ponder into the validity of such order of PSA and the magisterial courts don’t have jurisdiction to comment upon such preventive orders, court stated.
The CJM had sought an explanation from the police officials as to why the case should not be referred to the High Court of Jammu & Kashmir and Ladakh for criminal contempt.
After hearing the arguments of advocate Rajesh Sharma on behalf of the state, the Sessions Court kept the CJM's order in abeyance and issued notice to the respondents.
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