LAC shall challenge legality of PSA, JK, demand compensation for illegal detentions

Prof. Bhim Singh
Prof. Bhim Singh

New Delhi, December
20, 2019 ; The State Legal Aid Committee, J&K, chaired by Prof.Bhim
Singh, Sr. Advocate in the Supreme Court of India, shall challenge the
legality of Public Safety Act, J&K
under which hundreds of citizens of
India, residents in J&K have been detained since August 5, 2019 on the
direction of the administration functioning under Lt. Governor of J&K who
was appointed after converting the state of J&K into Union Territory w.e.f.
October 31, 2019.

          This was decided today unanimously by
the State Legal Aid Committee, J&K which met in New Delhi to decide its
role vis-à-vis legality of Public Safety Act which stands nullified since
August 5, 2019, the day the President of India withdrew Article 35-A from
Chapter-III in the Indian Constitution by an Ordinance. Article 35-A was
imposed by a Presidential Order on May 17, 1954. The Legal Aid Committee,
headed by Prof.Bhim Singh, has already conveyed to the President of India that
the Presidential Order of 1954 was valid only for six months. Its’ extension
till 2019 could not have been justified under any legal or political excuse.
Any way, the existence of Article 35-A is no more there and all the legislation
in respect of fundamental rights by the State Assembly of J&K have lost all
the legal existence after the President withdrew Article 35-A.

          Prof.Bhim Singh has conveyed to the
President of India that the President should direct the Lt. Governor of J&K
to release all the Indian citizens detained under non-existent law (Public
Safety Act, J&K) which was floated by the State Assembly of J&K in 1978
under the Govt. of Sheikh Mohd. Abdullah. After the withdrawal of special
powers of the State Assembly as the Assembly was dissolved and the entire
Constitution of J&K was reframed under the supervision of the President of
India as Jammu and Kashmir was brought under the Governor Rule. The present
government of J&K has no legislature to frame any law and all the laws
framed by the legislature before August 5, 2019 stand diluted. Therefore, the
President of India, as J&K is under President’s rule, the President
ordinarily should have notified the removal of Public Safety Act, 1978 also.
All the persons, Indian citizens detained under Public Safety Act have been
detained in violation of the present Constitution of J&K and all detentions
under an illegal order like Public Safety Act are unconstitutional, unlawful
and malafide.

The State
Legal Aid Committee which came to the conclusion after long sitting in New
Delhi has decided to challenge all the illegal detentions in Jammu and Kashmir
including that of three former Chief Ministers including Dr. Farooq Abdullah
who is also sitting Member of Lower House of Parliament are in violation of
President’s Rule itself and the laws which have been brought into existence
after the President’s Rule in J&K.

ii).     That the State Legal Aid Committee shall
challenge the present Public Safety Act, J&K and seek unconditional release
of all those persons political activists/ex or present Members of
Parliament/former Chief Ministers and ministers of J&K Govt. irrespective
of their political affiliations.

iii).    That the State Legal Aid Committee shall
also demand reasonable/adequate compensation to all those who have been
illegally/unconstitutionally detained under the so-called Public Safety Act
since August 5, 2019.

iv).    The State Legal Aid Committee shall also
challenge the conversion of the state of Jammu and Kashmir into Union
Territory. The conversion of the state into Union Territory is illegal,
unconstitutional and malafide decision taken after putting the state under
President’s Rule thus challenging the political integrity of all the political
parties recognized by the Election Commission of India as recognized political
parties including three state political parties namely, National Conference,
PDP and Panthers Party.

The State Legal Aid Committee shall challenge the present status accorded by Jammu and Kashmir before the Supreme Court of India after the Supreme Court reopened in January.