The Amnesty International said on Wednesday that the Jammu and Kashmir Public Safety Act (PSA) circumvents the criminal justice system in the Indian
The briefing, “Tyranny of A ‘Lawless Law’: Detention without Charge or Trial under the J&K PSA”, analyses the case studies of 210 detainees who were booked under the PSA, a legislation that allows for administrative detention for up to two years in Jammu and Kashmir, between 2012 and 2018.
“The briefing revisits the PSA in the 42nd year of its existence and studies how it continues to facilitate administrative detentions and violate Indian and international human rights laws. said Aakar Patel, Head of Amnesty International India.
Amnesty International India found 71 cases of revolving-door detentions, where authorities had either issued a new detention order, or implicated a detainee in a new FIR, to ensure that they remain in detention. In 90% of the cases analysed, detainees faced both PSA detentions and criminal proceedings in parallel, on the basis of the same or similar allegations
the J&K High Court routinely quashes detention orders which fail to comply with procedural safeguards, it does little to tackle the impunity enjoyed by executive authorities. Jammu and Kashmir will elect a new state government in 2019. This government will have a chance to break with the past and show the people of Jammu and Kashmir that their rights matter. It must not waste this opportunity,” said Aakar Patel.