Illegal Detentions in J&K: Exec. Chairman SLAC urges SC to hear petition challenging PSA, J&K, pending since March

Prof. Bhim Singh
Prof. Bhim Singh

Jammu, 04th June 2020: Executive Chairman of State Legal Aid Committee, Jammu & Kashmir, Prof. Bhim Singh urged the Supreme Court of India to hear a writ petition filed by him before the Supreme Court closed work due to Lockdown on March 2020.

 Writ Petition filed by Prof. Bhim Singh has challenged the Public Safety Act, Jammu & Kashmir as unconstitutional, improper and against Fundamental Rights enshrined in the Constitution of India.

Prof. Bhim Singh, a Sr. Advocate in the Supreme Court of India filed this petition as Public Safety Act was used in Jammu & Kashmir by the Administration headed by Lt. Governor appointed by the President of India after dismantling the statehood of Jammu & Kashmir without reason, logic or constitutional mandate.

Prof. Bhim Singh is also the Chief Patron a recognized state political party, J&K National Panthers Party besides three terms legislator in Jammu & Kashmir.

Prof. Bhim Singh in his writ petition pending before the Supreme Court of India has challenged the Public Safety Act, Jammu & Kashmir as unconstitutional, improper & in violation of the Constitution of India. This Act, PSA, J&K was introduced by J&K Assembly as J&K enjoyed special power to make any law, even if that violated any of the Fundamental Rights in the Constitution.

He, in his writ petition, has challenged the legality of the State Law as Jammu & Kashmir has ceased to be a State under the Constitution of India and therefore has no mandate to make any law in violation of any of the Fundamental Rights after the removal of Article 35A from the Constitution of India which had empowered Jammu & Kashmir Legislature under the mandate of the President of India to make any law in J&K against the spirit of Chapter-III of Indian Constitution on Fundamental Rights. After the removal Article 35A J&K Administration had no power, authority with it, to make any law overriding any of the Fundamental Rights. It, therefore, is very clear that all residents of Jammu & Kashmir after August 5th, 2019 were entitled to all Fundamental Rights.

It is, therefore, NPP Supremo has submitted before the Supreme Court that no law made by the J&K Assembly violating any of the Fundamental Rights is a valid law.

Prof. Bhim Singh urged the Supreme Court of India to list his petition at an early date even in his absence as he (Bhim Singh), is still held up in Jammu and Kashmir because of the Lockdown. It is also urged that the Supreme Court of India should direct Administration of Jammu & Kashmir to release detainees detained under PSA since 5th August, 2019 in Jammu & Kashmir or outside J&K.

He has also urged Supreme Court to direct the J&K Administration to pay appropriate compensation to all those detained including ex-Chief Minister, sitting Members of Parliament, ex-Legislators and others under Public Safety Act after August 5th, 2019 for their illegal, unconstitutional & malafide detentions by the Administration of J&K.

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