The ‘lawless law’: A Constitutional consideration of preventive detention in Jammu and Kashmir

Widespread concerns of the misuse of preventive detention laws necessitate a constitutional analysis of the Jammu and Kashmir Public Safety Act, 1978, through the lens of the doctrine of proportionality. 

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IN a recent judgment, in the matter of Sushanta Kumar Banik versus State of Tripura, the Supreme Court held that an unreasonable delay in passing official detention orders would vitiate the detention. The Court also made a significant observation: "preventive detention is a serious invasion of personal liberty". 

The statement is particularly relevant due to concerns of grave misuse of preventive detention laws like the Jammu and Kashmir Public Safety Act, 1978 ('PSA') to stifle dissent and free speech. PSA was most controversially used by the Union Government post the abrogation of Article 370 of the Constitution when several politicians and journalists were put under house arrest.