Govt to return Amended Ordinance to Guv for consent
Law Deptt forwards Ordinance to Home
Jammu, Jan 24: The proposed amendments in the Public Safety Act (PSA) have virtually become a bone of contention between the Raj Bhawan and the State government as the later is likely to resend the Amended Ordinance to the Governor for his consent.
”The proposed Ordinance (Amended) has been sent back to Home Department as no need was felt to change any of the clause amended and subsequently approved by the state cabinet”, informed sources in the state Law Department told Greater Kashmir.
The state government had proposed amendments in the existing Jammu and Kashmir Public Safety Act (PSA) and an Ordinance (amended) was approved by the state cabinet, last year. The Ordinance was forwarded to the Governor N N Vohra for his consent.
However, returning the Ordinance to the state government, the Governor had desired to have a re look at the distinction in detention of youth below 18 years of age.
The main concern expressed by the Governor was over the distinction the proposal had made between the state subjects and non-state subjects. “We were asked to reconsider the clause under which youth of the state below the age of 18 years shouldn't be detained under the PSA but non-state subjects (i.e. not the residents of Jammu and Kashmir), can be detained under PSA even if they were below the 18 years of age.”
“However, it was felt that the classification is reasonable and as such the Ordinance has been sent back to the Home Department unchanged,” they claimed.
When contacted, Law and Parliamentary Affairs Minister, Ali Muhammad Sagar confirmed that the proposal has been sent back to the Home Department.
“After discussing all the queries in the Law Department we have sent the draft to Home Department for further action. It is now on the Home Department to send the file again to Governor N N Vohra for approval on the proposed amendments” he said.
He further reiterated that the amendments proposed by state cabinet in PSA will be approved shortly.
Under the constitutional provisions, the Governor has the authority to return any Act, Ordinance or Bill to the state cabinet for reconsideration. “However, once such a proposal is sent back to the Governor, he is legally bound to approve it”, an observer said.
The amendments proposed by the state government include that the detention period under PSA shall be reduced from the existing one year to three months in case of public disorder and from two years to six months in cases involving security of the state. However, in both the situations there is provision for revision and the detention period can be extended to one year and two years respectively.
Another amendment provides that a detainee under PSA would be communicated in his/her own language about grounds of detention and all the formalities for slapping PSA on an accused shall be completed within six weeks instead of eight weeks as was given under the existing provisions of the Act. Besides, chairman of Public Safety Advisory Board can be appointed for two terms only.
Lastupdate on : Tue, 24 Jan 2012 21:30:00 Makkah time
Lastupdate on : Tue, 24 Jan 2012 18:30:00 GMT
Lastupdate on : Wed, 25 Jan 2012 00:00:00 IST
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