PSA Revocation: After BJP Protest, PC Lawmaker Explains How It Can be Done

Riyaz ul Khaliq

SRINAGAR

Violent clashes between youth and police took place following alleged desecration of temple in Jammu. (KL Image courtesy: The Indian Express)
Violent clashes between youth and police took place following alleged desecration of temple in Jammu. (KL Image courtesy: The Indian Express)

After ally of ruling PDP, right wing BJP, protested against the government statement to revoke the Public Safety Act (PSA) on a lunatic youth who allegedly desecrated a temple in Janipur area of Jammu recently.

Government said that the youth was lunatic. The incident took place on June 14 following violence in winter capital. Government had to suspend internet services in the region to stop further spread of uncertainty.

“District Administration, Jammu has ordered detention of Yasir Alfaz S/O. Kher Din Rio Village Shiva, Tehsil Bhaderwah, District Doda under Public Safety Act (PSA), 1978, in connection with his involvement in the sacrilegious act at Aap Shamboo Temple in Janipur on 14-06-2016,” an official spokesperson said last evening.

PC Kupwara Lawmaker: Bashir Ahmad Dar
PC Kupwara Lawmaker: Bashir Ahmad Dar

However, after PDP’s Shopian and Kokernag Lawmakers questioned as “how a mad person be booked under PSA”, government said it will revoke it. The duo was supported by Langate Lawmaker. But it invited string reaction from BJP with Lawmaker R S Pathania quoting sections of law saying it “was out of purview of government”.

Pathania, a law graduate, said that minister “has no power to revoke” the act. “Only Sub-district magistrate has the power to slap or revoke the Act.”

Explaining how PSA can’t be slapped on such a person who is declared Lunatic, Peoples Conference (PC) Lawmaker from Kupwara, Bashir Ahmad Dar told the house, “mad persons are even exempted from section 302 of RPC.” “There is no fun why can’t PSA be revoked,” he told the house.

Dar was a lawyer by profession before entering the Legislative Assembly after winning 2014 elections.

“If any person is declared lunatic, as per law he can be exempted even for 302 (murder),” he said.

“Grounds of detention are to be explained to a detainee,” he told the Lower House, “So, how can a law implementing authority explain it to a person who is lunatic?”

Dar asserted that a lunatic person can’t be detained.

Notable to mention here, BJP and PC are allies in PDP-BJP J&K colaition Government.

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