Srinagar, Oct 18: Jammu and Kashmir Government is all set to appoint the new chairman of Advisory Board on Public Safety Act (PSA) as the extended term of the incumbent chairman Justice (retired) M L Koul, a former retired judge of Punjab and Haryana High Court, is set to end on November 30 this year.   
 Pertinently, the detention orders issued under the provisions of the PSA are required to be referred to the Advisory Board and it can recommend either their confirmation or revocation.
 Sources said after getting nod from Chief Minister, Omar Abdullah, who is also Home Minister of the State, for appointing the new chairman of the Board, Home Department has sent a requisition to Law Department seeking panel of the judges for the coveted post.
 The chairman of the Board would be appointed by the Government in consultation with the Chief Justice of the High Court.
 “We have formally approached the Law Department for getting the panel of judges and it (Law Department) has to frame it with concurrence of Chief Justice of the State High Court,” an official of Home Department told Greater Kashmir.
 “The names of the judges to be short-listed for the post would be forwarded to Home Department which has to take the final call on the appointment,” the official said adding that the any sitting or retired Judge of the High Court is eligible for the post.
 According to sources, appointment of new head of the Board has become legally imperative as the amendments made in the Act earlier this year restrict the term of chairman and members of the Board to a maximum of five years.
 “Since, Koul has been heading the panel for last 12 years, he cannot be given extension by virtue of the amendments made in the Act in April this year,” they said.
 Pertinently, Section 14 of PSA was amended to introduce a maximum term of office for the Chairman and members of the Advisory Board. Now, they can hold office for a maximum of three years, which will be extendable for a further period of two years. Prior to the amendments, there was no maximum term.
 Koul was appointed as Chairman of the Board in consultation with the Chief Justice of JK High Court vide SRO No. 406 dated: 22-11-2000, initially for a period of five years. He has been given three extensions in subsequent years.  The first extension was given to him vide Government order number Home (PB-V) 3016 of 2005 dated: 2-12-2005, while his services were extended for another three years vide Government order number Home/PV-2422 of 2008 dated 23-12-2008.
 The latest extension was given to him vide order number Home/PB-V/2712 of 2008 dated 26-12-2011.
 Besides Advisory Board, Jammu and Kashmir Government has constituted a high level committee to review the PSA detentions .The review committee comprises Principal Secretary Home, Director General of Police and Additional Director General of Police (CID) and representative of Union Home Ministry.

Lastupdate on : Thu, 18 Oct 2012 21:30:00 Makkah time
Lastupdate on : Thu, 18 Oct 2012 18:30:00 GMT
Lastupdate on : Fri, 19 Oct 2012 00:00:00 IST