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Public Safety Act Cannot Bypass Due Process Established Under Criminal Procedure Code: Jammu and Kashmir High Court

27 Aug 2024 3 min read
Public Safety Act Cannot Bypass Due Process Established Under Criminal Procedure Code: Jammu and Kashmir High Court

In a significant judgment, the High Court of Jammu & Kashmir and Ladakh has quashed the preventive detention of Hamid Mohd. under the Jammu & Kashmir Public Safety Act, 1978 (PSA), highlighting serious lapses in the application of the law. The judgment, delivered by Hon'ble Justice Rahul Bharti, underscores the importance of distinguishing between "public order" and "law and order" when issuing detention orders under the PSA. Case Overview Hamid…

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