SC quashes man’s PSA detention: DM cannot parrot crop version, India not a police state.

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.
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