| Syllabus: GS-II, Subject: Polity, Topic: Rights issues, Issue: Detention under the PSA |
Context: Jammu and Kashmir High Court quashed detention under Public Safety Act, Asserts India Not a Police State.
Key Highlights:
- The court ruled that in a democratic country like India, governed by the rule of law, individuals cannot be picked up and interrogated without the registration of a case against them.
- The petitioner, challenged his detention under the PSA, contending that the grounds of detention were merely a verbatim reproduction of police dossier contents without any reference to his involvement in a registered criminal case.
- The court criticized the District Magistrate’s reliance on the police’s dictated version in issuing the detention order and stressed that such actions are not acceptable in a democratic setup.
- This ruling underscore the importance of upholding the rule of law and protecting the rights of individuals, even in conflict-affected regions like Jammu and Kashmir, where preventive detention measures are often employed.
