New Delhi, Feb
13: A plea challenging Jammu and Kashmir Public Safety Act, under which several
political leaders and activists have been detained since the abrogation of
Article 370, was filed on Thursday.
filed by Bhim Singh, Chief Patron of J&K National Panthers Party and
Executive Chairman of State Legal Aid Committee, termed the Act as dead and
“ultra vires” (beyond the legal power).
Singh, who is
also a senior advocate, has sought directions declaring the J&K Public
Safety Act, 1978 as invalid law which was enacted by Jammu & Kashmir
Legislature in 1978 by virtue of the exclusive jurisdiction of J&K under
According to the
petition, more than 600 political activists have been detained for more than
six months under the draconian and dead law which had lost its existence the
day President of India abrogated Article 35-A from Chapter-III of the Indian
The plea has
sought directions to release all the detenus who were detained on or before
August 5, 2019, when Article 370 was abrogated, and who have completed more
than three months in detention without trial in Union Territory of Jammu and
Union of India and the respondents to grant appropriate compensation to all the
detenus who have completed six or more months in illegal detention in
J&K/outside J&K under the detention order of J&K Public Safety Act,
1978, which had lost its existence as valid law,” the plea said.
It has also
sought directions to restore the statehood to J&K which was
declared/established as a State of Jammu and Kashmir in 1846 by the founding
Maharaja Gulab Singh and continued as recognized state till 2019.
respondents/Union of India to appoint Delimitation Commission in Jammu &
Kashmir and hold fresh Assembly election in 2020 after delimitation of the
constituencies in J&K so that confidence of the people in democracy, rule
of law and Indian Constitution is not shaken by the enemies of peace and rule
of law,” the plea said.