Omar Abdullah, Mehbooba Mufti Detained Under Public Safety Act: Home Minister Amit Shah

Union Home Minister Amit Shah on Monday said the former chief ministers of Jammu and Kashmir, Omar Abdullah and Mehbooba Mufti have been detained under Public Safety Act (PSA). The act allows detention for up to two years without a trial. Tensions are high in Kashmir after New Delhi on August 5 announced abrogation of provisions of Article 370 and decided to bifurcate the state into Union territories - Jammu and Kashmir and Ladakh - hours after Kashmir was placed under a total clampdown.

In an interview to India Today, Amit Shah said: “Unko Public Safety Act ke tehat abhi detention mei rakha hi hai (they continue to be detained under the Public Safety Act). BJP Live handle also tweeted this part of the video.

Omar’s father and National Conference patron Farooq Abdullah has also been detained under PSA.  Hundreds have been arrested in Kashmir since August 5. Over 250 petitions have been filed against the preventive detention orders against prominent political leaders in Jammu and Kashmir. Petitions have also been filed in the Supreme Court against the detentions.

What is Public Safety Act?

• Jammu and Kashmir Governor received the assent of Public Safety Act on April 8, 1978 which was introduced by the government of Sheikh Abdullah, father of Farooq.
• The Act was introduced as a tough law to prevent the timber smuggling.
• The act allows detention for up to two years without a trial for people above the age of 16. The amendments made in 2011 raised the minimum age of a person from 16 to 18 years.
• Public Safety Act orders can be issued by Divisional Commissioners or District Magistrates.
• Section 22 of the Act provides protection for any action taken “in good faith” under the Act: “No suit, prosecution or any other legal proceeding shall lie against any person for anything done or intended to be done in good faith in pursuance of the provisions of this Act.” Under Section 23 of the Act, the government is empowered to “make such Rules consistent with the provisions of this Act, as may be necessary for carrying out the objects of this Act”.
• Following the abrogation of Article 370 on August 5, several human rights activists, journalists, separatists considered as a threat to the law and order. In 2016, during the protests over the killing of Hizbul Mujaihideen commander Burhan Muzaffar Wani more than 550 persons w