THE JAMMU AND KASHMIR PUBLIC SAFETY ACT, 1978

What is the name of the legislation enacted in 1978 relating to public safety in Jammu and Kashmir?

The Jammu and Kashmir Public Safety Act, 1978.

What is the Act number of the Jammu and Kashmir Public Safety Act, 1978?

Act No. VI of 1978.

When did the Jammu and Kashmir Public Safety Act, 1978 receive the assent of the Governor?

On 8th April, 1978.

On which date was the Jammu and Kashmir Public Safety Act, 1978 published in the Government Gazette?

On 8th April, 1978.

For what purpose was the Jammu and Kashmir Public Safety Act, 1978 enacted?

To make a law providing measures in the interest of security and public order.

Whose security is sought to be protected under the Jammu and Kashmir Public Safety Act, 1978?

The security of the Union Territory of Jammu and Kashmir.

Apart from security, what other interest does the Act aim to protect?

Public order.

Which legislative body enacted the Jammu and Kashmir Public Safety Act, 1978?

The Jammu and Kashmir State Legislature.

In which year of the Republic of India was the Jammu and Kashmir Public Safety Act, 1978 enacted?

In the Twenty-ninth Year of the Republic of India.

CHAPTER I

PRELIMINARY

What does section 1 deal with?

Short Title and Extent

What is the short title of the Act provided under Section 1(1)?

The Jammu and Kashmir Public Safety Act, 1978.

Under which provision is the short title of the Act mentioned?

Section 1(1) of the Act.

To which territory does the Jammu and Kashmir Public Safety Act, 1978 extend?

It extends to the whole of the Union of Territory of Jammu and Kashmir.

Under which provision is the extent of the Act specified?

Section 1(2) of the Act.

Where are the definitions under the Jammu and Kashmir Public Safety Act, 1978 provided?

In Section 2 of the Act.

When do the definitions under the Act apply according to Section 2?

Unless there is anything repugnant in the subject or context.

What does the expression “the Code” mean under Section 2(1) of the Act?

The Code of Criminal Procedure, 1973 (2 of 1974).

Which criminal procedure law is referred to as “the Code” in the Act?

The Code of Criminal Procedure, 1973.

What do the expressions “notified” and “notification” mean under Section 2(2)?

Notified and notification in the Government Gazette.

Where must a notification be published to be considered valid under the Act?

In the Government Gazette.

CHAPTER II

ACCESS TO CERTAIN PREMISES AND AREAS

What does section 3 deals with?

It deals with Prohibited places.

What power is conferred on the Government under Section 3(1) of the Act?

The power to declare any place as a prohibited place by a notified order.

On what ground can the Government declare a place as a prohibited place?

When it considers it necessary or expedient to take special precautions to prevent entry of unauthorised persons.

What is the objective of declaring a place as a prohibited place under Section 3(1)?

To prevent the entry of unauthorised persons.

How is a place declared as a prohibited place under the Act?

By a notified order issued by the Government.

Who is prohibited from entering a prohibited place under Section 3(2)?

Any person without the permission of the Government or the specified authority.

Whose permission is required to enter a prohibited place?

The Government or an authority specified by the Government.

What acts are restricted in relation to a prohibited place under Section 3(2)?

Entering, being on or in, passing over, or loitering in the vicinity of the place.

Is loitering near a prohibited place allowed without permission?

No, loitering in the vicinity of a prohibited place without permission is prohibited.

What obligation is imposed on a person granted permission under Section 3(3)?

To comply with orders regulating his conduct.

Who may issue orders regulating the conduct of a person permitted to enter a prohibited place?

The Government or the authority specified by the Government.

During what period must a person comply with conduct-regulating orders under Section 3(3)?

While acting under the granted permission.

Who is empowered to conduct searches under Section 3(4) of the Act?

Any Police Officer or any other person authorised by the Government.

Which persons may be searched under Section 3(4)?

A person entering, seeking to enter, being on or in, or leaving a prohibited place.

What objects can be searched under Section 3(4) besides persons?

Any vehicle, aircraft, or article brought by such person.

For what purpose may a person or object be detained under Section 3(4)?

For the purpose of conducting a search.

Is detention permitted during search under Section 3(4)?

Yes, detention of the person, vehicle, aircraft, or article is permitted for search.

What safeguard is provided for the search of females under Section 3(4)?

No female shall be searched except by a female.

Who can remove a person found in a prohibited place in contravention of Section 3?

A Police Officer not below the rank of Sub-Inspector or an authorised person.

Does removal from a prohibited place bar other legal proceedings?

No, removal is without prejudice to other proceedings.

Under which condition can a person be removed from a prohibited place under Section 3(5)?

When the person is present in contravention of the section.

What punishment is prescribed for contravention of Section 3?

Imprisonment up to one month, or fine, or both.

What is the maximum term of imprisonment for violation of Section 3?

One month.

Is fine an alternative or additional punishment under Section 3(6)?

Fine may be imposed either alone or in addition to imprisonment.

What does the section 4 deals with?

Protected areas

Under what circumstances can the Government declare an area as a protected area under Section 4(1)?

When it considers it necessary or expedient in the interests of defence or security of the Union Territory of Jammu and Kashmir.

How can an area be declared a protected area under the Act?

By a notified order issued by the Government.

For how long does an area remain a protected area once declared under Section 4(1)?

For so long as the notified order remains in force.

For what purposes is an area treated as a protected area once declared?

For the purposes of the Act.

Who has the power to regulate entry into a protected area under Section 4(2)?

The Government or the authority specified by the Government.

What aspect of movement is regulated in a protected area under Section 4(2)?

Entry of persons into the protected area.

What action may be taken against a person present in a protected area in contravention of an order under Section 4(3)?

He may be removed from the protected area.

Who can order or carry out the removal of a person from a protected area under Section 4(3)?

A Police Officer not below the rank of Sub-Inspector.

Does removal from a protected area prevent other legal proceedings?

No, removal is without prejudice to other proceedings.

What punishment is prescribed for contravention of Section 4?

Imprisonment up to two months, or fine, or both.

What is the maximum term of imprisonment for violation of Section 4?

Two months.

Is fine an independent or additional punishment under Section 4(4)?

Fine may be imposed either alone or in addition to imprisonment.

What does section 5 deals with?

It deals with Forcing or evading a guard

What offence is created under Section 5 of the Act?

Forcing or evading a guard to gain entry into a prohibited place or a protected area.

What conduct amounts to an offence under Section 5?

Effecting or attempting to effect entry after taking precautions to conceal the entry.

Which places are covered under Section 5?

Prohibited places and protected areas.

From whom must entry be concealed to attract liability under Section 5?

From any person posted to protect, prevent, or control access to such place or area.

Is an attempt to enter a prohibited or protected area punishable under Section 5?

Yes, an attempt to effect entry is punishable.

What is the maximum punishment prescribed under Section 5?

Imprisonment which may extend to three months.

Can fine be imposed for an offence under Section 5?

Yes, fine may be imposed.

Is imprisonment mandatory for an offence under Section 5?

No, punishment may be imprisonment, or fine, or both.

CHAPTER III

MAINTENANCE OF COMMUNAL AND REGIONAL HARMONY

What does section 6 deals with?

Power to prohibit circulation within the [Union territory of Jammu and Kashmir] or entry into the 1 [Union territory of Jammu and Kashmir] of certain documents.

What power is conferred under Section 6(1) of the Act?

The power to regulate or restrict circulation within, or prohibit or restrict entry into, the Union Territory of Jammu and Kashmir of certain documents.

Who may exercise the power under Section 6(1)?

The Government or any authority authorised by it.

For what purpose can action be taken under Section 6(1)?

For preventing or combating activities prejudicial to communal, sectarian, or regional harmony affecting public order.

How can the power under Section 6(1) be exercised?

By a notified order.

What kind of materials can be regulated or prohibited under Section 6?

Documents.

What is the maximum initial duration of an order issued under Section 6(1)?

Three months from the date of making.

Under what condition can an order under Section 6(1) be extended?

If before expiry the Government extends it and the High Court does not otherwise direct.

For how long can an order under Section 6(1) be extended at a time?

For a period not exceeding three months at a time.

What is the maximum total duration of an order under Section 6(1)?

One year.

Within what time can an aggrieved person make a representation against an order under Section 6(1)?

Within ten days of the passing of the order.

To whom can a representation against the order be made?

To the Government.

Within what time must the Government decide the representation?

Within 21 days of the making of the representation.

What options are available to the Government on representation under Section 6(1)?

It may confirm, modify, or rescind the order.

Is the aggrieved person entitled to a hearing before the representation is decided?

Yes, an opportunity of being heard must be given.

What remedy is available if the representation is rejected by the Government?

The aggrieved person may apply to the High Court to set aside the order.

Within what time can an application be made to the High Court after rejection of representation?

Within two months from the date of rejection.

By what composition of judges is the High Court application heard under Section 6?

By a Special Bench of three Judges.

What punishment is prescribed for contravention of an order under Section 6?

Imprisonment up to three months, or fine, or both.

Does seizure of documents exclude penal liability under Section 6?

No, seizure is without prejudice to the penalty.

What additional power is available on disobedience of an order under Section 6(1)?

The power to seize all copies of the document.

Who may order seizure of documents under Section 6(3)?

The Government or the authority issuing the order.

What does section 7 deals with?

Removal of Doubts

What is the purpose of Section 7 of the Act?

To remove doubts regarding the nature of restrictions imposed under Section 6.

Which constitutional right is referred to in Section 7?

The rights conferred by Article 19(1) of the Constitution of India.

Which section imposes the restriction referred to in Section 7?

Section 6 of the Act.

How are the restrictions imposed by Section 6 characterised under Section 7?

They are deemed to be reasonable restrictions.

For what constitutional purpose are the restrictions under Section 6 deemed reasonable?

For the purposes of Article 19(1) of the Constitution of India.

What legal effect does Section 7 have on challenges to Section 6?

It declares the restrictions under Section 6 to be constitutionally reasonable.

CHAPTER IV

POWER TO MAKE ORDERS DETAINING CERTAIN PERSONS

What does Section 8 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

It deals with the preventive detention of certain persons.

Who is empowered to order detention under Section 8(1)?

The Government.

On what basis can the Government order detention under Section 8(1)(a)?

If it is satisfied that detention is necessary to prevent a person from acting prejudicially.

For what purposes can detention be ordered under Section 8(1)(a)(i)?

To prevent acts prejudicial to the security of the Union Territory of Jammu and Kashmir or the maintenance of public order.

Is clause (ii) of Section 8(1)(a) presently operative?

No, clause (ii) has been omitted.

Under which provision can detention be ordered to prevent smuggling-related activities?

Section 8(1)(a-1).

For what smuggling-related activity can detention be ordered under Section 8(1)(a-1)(i)?

Smuggling of timber or liquor.

Is abetment of smuggling a ground for detention under Section 8?

Yes, abetting the smuggling of timber or liquor is a ground for detention.

Can detention be ordered for transporting smuggled timber under Section 8?

Yes, engaging in transporting smuggled timber is a ground for detention.

Does concealing or keeping smuggled timber attract preventive detention under Section 8?

Yes, concealing or keeping smuggled timber is a ground for detention.

Is dealing in smuggled timber covered even without transporting or concealing it?

Yes, dealing in smuggled timber otherwise than by transporting, concealing, or keeping it is covered.

Does Section 8 permit detention for activities relating to smuggled liquor?

Yes, activities relating to smuggled liquor are included.

Can a person be detained for harbouring smugglers under Section 8?

Yes, harbouring persons engaged in smuggling timber or liquor is a ground for detention.

Is harbouring persons who abet smuggling a ground for detention?

Yes, harbouring persons who abet the smuggling of timber or liquor is covered.

Under which provision can detention be ordered in respect of foreigners or certain residents under Section 8?

Under Section 8(1)(b) of the Act.

Who is considered a foreigner for the purposes of Section 8(1)(b)?

A foreigner within the meaning of the Foreigners Act.

Which category of residents is specifically covered under Section 8(1)(b)(ii)?

Persons residing in the area of the Union Territory of Jammu and Kashmir under the occupation of Pakistan.

For what purpose can detention be ordered against persons covered under Section 8(1)(b)?

To regulate their continued presence in the Union Territory of Jammu and Kashmir or to make arrangements for their expulsion.

What level of satisfaction is required before ordering detention under Section 8(1)(b)?

The Government must be satisfied that detention is necessary for the stated purposes.

Who has the power to direct detention under Section 8(1)(b)?

The Government.

Which officers are empowered to exercise detention powers under Section 8(2)?

Divisional Commissioners and District Magistrates.

Under which circumstances can Divisional Commissioners and District Magistrates exercise detention powers?

When satisfied as provided under sub-clauses (i) and (ii) of clause (a) or clause (a-1) of sub-section (1).

Do Divisional Commissioners and District Magistrates have independent powers under Section 8(2)?

Yes, they may exercise the powers conferred by sub-section (1).

Can the detention powers under Section 8(2) be exercised for smuggling-related activities?

Yes, if the satisfaction relates to clause (a-1) of sub-section (1).

Can the detention powers under Section 8(2) be exercised for public order or security-related activities?

Yes, if the satisfaction relates to clause (a) of sub-section (1).

For what purpose are the definitions under Section 8(3) provided?

For the purposes of sub-section (1) of Section 8.

Is clause (a) of Section 8(3) presently in force?

No, clause (a) has been omitted.

How is “acting in any manner prejudicial to the maintenance of public order” defined under Section 8(3)(b)?

It is defined through specific acts enumerated in clauses (i) to (iv).

What act under Section 8(3)(b)(i) relates to communal or social harmony?

Promoting or attempting to create feelings of enmity, hatred, or disharmony on grounds of religion, race, caste, community, or region.

What kind of force-related activities are covered under Section 8(3)(b)(ii)?

Preparing for, using, attempting to use, or abetting the use of force that disturbs or is likely to disturb public order.

Is instigation or incitement to use force covered under Section 8(3)(b)(ii)?

Yes, instigating, inciting, provoking, or abetting the use of force is covered.

Which property-related offence is referred to under Section 8(3)(b)(iii)?

Mischief as defined under Section 425 of the Indian Penal Code, 1860.

When does mischief attract the application of Section 8(3)(b)(iii)?

When it disturbs or is likely to disturb public order.

Which serious criminal offences are covered under Section 8(3)(b)(iv)?

Offences punishable with death, life imprisonment, or imprisonment of seven years or more.

When do serious offences attract preventive detention under Section 8(3)(b)(iv)?

When their commission disturbs or is likely to disturb public order.

How is “smuggling” defined in relation to timber or liquor under Section 8(3)(c)?

Possessing or carrying illicit timber or liquor and acts rendering them liable to confiscation.

Which laws are referred to for confiscation in the definition of smuggling?

The Forest Act, Samvat 1987 and the Jammu and Kashmir Excise Act, 1958.

How is “timber” defined under Section 8(3)(d)?

Timber of Fir, Kail, Chir, or Deodar trees whether in logs or cut pieces, excluding firewood.

What is included within the definition of “liquor” under Section 8(3)(e)?

All alcoholic beverages including beer.

Who is excluded from the definition of “person” for detention under Section 8?

A citizen of India who has not attained the age of eighteen years.

For which clauses does the age-based exclusion under Section 8(3)(f) apply?

Clauses (a) and (a-1) of sub-section (1).

When does Section 8(4) become applicable?

When a detention order is made by an officer mentioned in sub-section (2).

Which officers are referred to in Section 8(4)?

Divisional Commissioners and District Magistrates.

What is the first duty of an officer after making a detention order under Section 8?

To forthwith report the fact to the Government.

What must be reported to the Government under Section 8(4)?

The fact of detention, the grounds of the order, and other relevant particulars.

What additional information may be sent along with the report under Section 8(4)?

Such particulars as the officer considers to have a bearing on the matter.

For how long can a detention order made by an authorised officer remain in force without Government approval?

For a maximum of twelve days from the date of making the order.

What happens if a detention order under Section 8(4) is not approved within twelve days?

The order ceases to remain in force.

Whose approval is necessary for the continuation of a detention order made by an authorised officer?

The Government.

What does Section 9 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

The execution of detention orders.

Where can a detention order be executed under Section 9?

At any place.

In what manner is a detention order executed under Section 9?

In the manner provided for execution of warrants of arrest.

Which law governs the manner of execution of detention orders under Section 9?

The Code of Criminal Procedure.

To what is the execution of a detention order equated under Section 9?

The execution of a warrant of arrest.

What does Section 10 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

The power to regulate the place and conditions of detention.

To whom does Section 10 apply?

To any person in respect of whom a detention order has been made under Section 8.

Who has the power to specify the place of detention under Section 10(a)?

The Government.

How can the Government specify the place and conditions of detention under Section 10(a)?

By general or special order.

What kind of conditions can be imposed under Section 10(a)?

Conditions including those relating to the maintenance of discipline.

Is a detained person liable to be transferred between detention places under Section 10?

Yes, a detained person may be removed from one place of detention to another.

Who can order the removal of a detained person from one place of detention to another?

The Government.

What does Section 10-A of the Act deal with?

It deals with the severability of grounds of detention.

When does Section 10-A apply?

When a detention order under Section 8 is made on two or more grounds.

How is a detention order treated under Section 10-A when based on multiple grounds?

It is deemed to have been made separately on each ground.

Does a detention order become invalid if one or more grounds are defective?

No, the order does not become invalid merely because one or more grounds are defective.

Which defects in grounds do not invalidate a detention order under Section 10-A?

Grounds that are vague, non-existent, not relevant, not connected, not proximately connected, or otherwise invalid.

Is a detention order invalid if satisfaction cannot be established for all grounds?

No, the order may still stand on the remaining valid grounds.

What is presumed about the satisfaction of the authority under Section 10-A(b)?

The authority is deemed to have been satisfied with reference to the remaining ground or grounds.

Who is deemed to have the requisite satisfaction under Section 10-A?

The Government or the officer who made the detention order.

What is the legal effect of severability under Section 10-A?

The detention order survives on valid grounds even if other grounds fail.

What does Section 11 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

It specifies grounds on which detention orders shall not be invalid or inoperative.

Does the location of the person to be detained affect the validity of a detention order?

No, the detention order is not invalid merely because the person is outside the territorial jurisdiction of the officer.

Under which clause is the presence of the person outside territorial jurisdiction addressed?

Clause (a) of Section 11.

Does detention outside the officer’s territorial jurisdiction invalidate the order?

No, detention outside the territorial limits does not invalidate the order.

Which clause of Section 11 deals with the place of detention being outside jurisdiction?

Clause (b) of Section 11.

What is the legal effect of Section 11 on territorial jurisdiction objections?

Territorial jurisdiction objections do not invalidate detention orders.

What does Section 12 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

It deals with powers in relation to absconding persons.

When can powers under Section 12 be exercised?

When there is reason to believe that a person against whom a detention order has been made has absconded or is concealing himself.

Who can exercise powers under Section 12?

The Government or an officer specified under Section 8(2).

What condition must exist before action is taken under Section 12?

The detention order cannot be executed due to absconding or concealment.

What is the first course of action provided under Section 12(a)?

Making a written report to a Magistrate of the First Class.

Which Magistrate has jurisdiction under Section 12(a)?

A Magistrate of the First Class having jurisdiction where the person ordinarily resides.

Which provisions of the Code become applicable after a report under Section 12(a)?

Sections 87, 88, and 89 of the Code.

How is the detention order treated for the purpose of applying the Code under Section 12(a)?

As if it were a warrant issued by the Magistrate.

What additional power is provided under Section 12(b)?

The power to direct the person to appear before a specified officer.

How is the direction to appear issued under Section 12(b)?

By a notified order.

What details must be specified in the appearance order under Section 12(b)?

The officer, place, and period within which the person must appear.

What happens if the person fails to comply with the appearance order?

He becomes liable to punishment unless he proves impossibility of compliance.

What must the person prove to avoid punishment for non-compliance?

That compliance was impossible and that he informed the officer of the reason and his whereabouts within the specified period.

What is the maximum punishment for failure to comply with an order under Section 12(b)?

Imprisonment which may extend to one year.

Can fine be imposed for non-compliance under Section 12(b)?

Yes, fine may be imposed.

Is imprisonment mandatory for non-compliance under Section 12(b)?

No, punishment may be imprisonment, or fine, or both.

What does Section 13 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Grounds of order of detention to be disclosed to persons affected by the order.

When does the obligation under Section 13(1) arise?

When a person is detained pursuant to a detention order.

Who is responsible for communicating the grounds of detention under Section 13(1)?

The authority making the detention order.

Within what time must the grounds of detention ordinarily be communicated?

Ordinarily not later than five days from the date of detention.

What is the maximum time allowed for communicating grounds in exceptional circumstances?

Not later than ten days from the date of detention.

What condition must be satisfied for extending the time to ten days?

Reasons must be recorded in writing.

In what language must the grounds of detention be communicated?

In a language understandable to the detained person.

What additional right must be afforded to the detained person under Section 13(1)?

The earliest opportunity to make a representation to the Government.

To whom is the representation against the detention order made?

To the Government.

Does Section 13(2) mandate disclosure of all facts relating to detention?

No, facts against public interest need not be disclosed.

Who decides whether disclosure of certain facts is against public interest?

The authority making the detention order.

What is the effect of Section 13(2) on the obligation under Section 13(1)?

It creates an exception to the requirement of full disclosure.

What does Section 14 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

The constitution of the Advisory Board.

Who is responsible for constituting the Advisory Board under Section 14(1)?

The Government.

When is the Government required to constitute an Advisory Board?

Whenever necessary for the purposes of the Act.

What is the composition of the Advisory Board under Section 14(2)?

A Chairman and two other members.

Who can be appointed as the Chairman of the Advisory Board?

A person who is or has been a Judge of the High Court.

Who can be appointed as the other members of the Advisory Board?

Persons who are, or have been, or are qualified to be appointed as Judges of the High Court.

On whose recommendations are the Chairman and members appointed under Section 14(3)?

On the recommendations of the Search-cum-Selection Committee.

Who is the Chairman of the Search-cum-Selection Committee?

The Chief Secretary.

Who are the members of the Search-cum-Selection Committee under Section 14(3)?

The Additional Secretary, Home Department and the Administrative Secretary, Department of Law, Justice and Parliamentary Affairs.

Is consultation with the Chief Justice required in certain appointments?

Yes, for appointing a sitting Judge of the High Court or a sitting District and Sessions Judge.

For which appointments is consultation with the Chief Justice mandatory?

Appointment as Chairman or Member of the Advisory Board.

What is the tenure of the Chairman and members of the Advisory Board?

Three years.

Can the tenure of the Chairman and members be extended?

Yes, it may be extended for a further period of two years.

Who has the power to appoint the Chairman and members of the Advisory Board?

The Government.

What does Section 15 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Reference of detention cases to the Advisory Board.

In which cases is reference to the Advisory Board mandatory under Section 15?

In every case where a detention order has been made under the Act.

Within what time must the Government place the matter before the Advisory Board?

Within four weeks from the date of detention.

Which body is the reference made to under Section 15?

The Advisory Board constituted under Section 14.

What documents must be placed before the Advisory Board under Section 15?

The grounds of detention, the representation of the detained person, if any, and relevant reports.

Is the representation made by the detained person required to be placed before the Advisory Board?

Yes, if such representation has been made.

What additional document must be placed before the Advisory Board when the detention order is made by an officer?

The report made by the officer under Section 8(4).

Who is responsible for placing the case before the Advisory Board under Section 15?

The Government.

From which date is the four-week period under Section 15 calculated?

From the date of detention under the order.

What does Section 16 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

The procedure of the Advisory Board.

What is the first duty of the Advisory Board under Section 16(1)?

To consider the material placed before it.

Can the Advisory Board call for additional information under Section 16(1)?

Yes, it may call for further information from the Government or the person concerned.

In what manner can additional information be obtained from the person concerned?

Through the Government or directly from the person concerned.

When must the Advisory Board hear the detained person in person?

When it considers it essential or when the detained person desires to be heard.

Within what time must the Advisory Board submit its report to the Government?

Within six weeks from the date of detention.

Under which condition can the Advisory Board decide on non-disclosure of facts under Section 16(2)?

When the detained person demands such determination before submission of the report.

Whose hearing is required before deciding the issue of non-disclosure under Section 16(2)?

The detained person and the Government or the officer, as the case may be.

What issue does the Advisory Board determine under Section 16(2)?

Whether non-disclosure of certain facts is against public interest.

Is the finding of the Advisory Board under Section 16(2) binding on the Government?

Yes, it is binding on the Government.

What must the report of the Advisory Board specifically state under Section 16(3)?

Whether or not there is sufficient cause for the detention.

How is the opinion of the Advisory Board recorded under Section 16(3)?

In a separate part of the report.

What happens in case of difference of opinion among the Board members?

The opinion of the majority is deemed to be the opinion of the Board.

Does Section 16 allow representation by a legal practitioner before the Advisory Board?

No, representation by a legal practitioner is not permitted.

Which part of the Advisory Board’s report is not confidential?

The part specifying the opinion of the Board.

What is the status of the remaining proceedings and report of the Advisory Board?

They are confidential.

What does Section 17 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Action to be taken upon the report of the Advisory Board.

What action may the Government take if the Advisory Board reports sufficient cause for detention?

It may confirm the detention order.

Can the Government continue detention after confirmation under Section 17(1)?

Yes, for such period as it thinks fit.

Is the Government bound to confirm detention when sufficient cause is reported?

No, it may confirm the detention order.

What happens when the Advisory Board reports no sufficient cause for detention?

The Government shall revoke the detention order.

Is revocation of detention mandatory when no sufficient cause is found?

Yes, it is mandatory.

What must the Government do after revoking the detention order under Section 17(2)?

Cause the person to be released forthwith.

Does Section 17 give discretion to the Government to continue detention when no sufficient cause exists?

No, it gives no such discretion.

Which authority’s opinion is decisive under Section 17?

The opinion of the Advisory Board.

What is the consequence of a negative opinion of the Advisory Board?

Immediate revocation of detention and release of the detainee.

What does Section 18 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Maximum period of detention.

When does Section 18 apply?

When a detention order has been confirmed under Section 17.

What is the maximum period of detention for acts prejudicial to public order?

Three months initially, extendable up to twelve months from the date of detention.

From which date is the detention period calculated under Section 18?

From the date of detention.

What is the maximum detention period for persons indulging in smuggling of timber?

Twelve months from the date of detention.

What is the initial and maximum detention period for acts prejudicial to the security of Jammu and Kashmir?

Six months initially, extendable up to two years.

Which category attracts the longest maximum period of detention under Section 18?

Acts prejudicial to the security of the Union Territory of Jammu and Kashmir.

Does Section 18 restrict the Government from revoking detention earlier?

No, the Government may revoke or modify the detention order earlier.

Can the Government extend detention beyond the maximum period specified?

No, except in the case of a foreigner whose expulsion is not possible.

What special provision applies to foreigners under Section 18(2)?

Detention may be extended if expulsion from the Union Territory is not possible.

Is extension of detention automatic under Section 18?

No, it is subject to confirmation and statutory limits.

Does Section 18 curtail the Government’s power to modify a detention order?

No, such power remains unaffected.

What does Section 19 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Revocation and modification of detention orders.

Who has the power to revoke or modify a detention order under Section 19(1)?

The Government.

Can the Government revoke a detention order made by an authorised officer under Section 8(2)?

Yes, at any time.

Does Section 19 override Section 21 of the General Clauses Act, Samvat 1977?

No, it operates without prejudice to Section 21.

Is modification of a detention order permitted under Section 19?

Yes.

Is there a bar on issuing a fresh detention order on the same facts?

No.

When can a fresh detention order be issued on the same facts?

When the earlier order was illegal due to a technical defect.

Can a fresh detention order be made if the earlier order was revoked to avoid illegality?

Yes.

What is meant by “technical defect” under Section 19(2)?

A defect affecting legality but not merits of detention.

Does revocation of an earlier detention order prevent future detention?

No.

How is the maximum period of detention calculated when a fresh order is passed?

The period of earlier detention is excluded.

Why is exclusion of earlier detention period important?

To prevent excess detention beyond statutory limits.

Does Section 19 permit repeated detention arbitrarily?

No, only within statutory safeguards and limits.

Who ultimately controls continuity or termination of detention under Section 19?

The Government.

What does Section 20 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Temporary release of persons detained.

Who can order the temporary release of a detained person under Section 20(1)?

The Government.

Can the release under Section 20(1) be conditional?

Yes, it may be with or without conditions specified in the direction.

Can the Government cancel temporary release under Section 20(1)?

Yes, at any time.

What can the Government require in directing temporary release under Section 20(2)?

The person may be required to enter into a bond with or without sureties.

What is the purpose of the bond under Section 20(2)?

To ensure due observance of the conditions specified in the release direction.

Where must a temporarily released person surrender under Section 20(3)?

At the time, place, and to the authority specified in the release or cancellation order.

What is the punishment for failing to surrender as per Section 20(4)?

Imprisonment for up to two years, or fine, or both.

What happens if a person fails to fulfil conditions of release or bond under Section 20(5)?

The bond is forfeited and the person bound is liable to the penalty.

Does the period of temporary release count towards total detention?

No, it does not count.

Can the Government impose conditions on temporary release arbitrarily?

No, the conditions must be specified and accepted by the person released.

Is the penalty for failing to surrender or comply with conditions discretionary?

No, statutory penalties apply as per Sections 20(4) and 20(5).

CHAPTER V

MISCELLANEOUS

What does Section 21 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Cognizance of offences under the Act.

Can any court take cognizance of an offence under this Act on its own?

No.

What is required for a court to take cognizance of an offence under this Act?

A written report made by a public servant.

Who can make the report required for cognizance under Section 21?

A public servant.

Does Section 21 allow private complaints to initiate proceedings?

No, only reports by public servants are valid.

Why is a report by a public servant necessary under Section 21?

To ensure that proceedings are initiated officially and in accordance with the Act.

What is the effect of Section 21(2) of the Jammu and Kashmir Public Safety Act, 1978?

Offences under this Act shall be cognizable and non-bailable.

Does Section 21(2) override the Second Schedule to the Code of Criminal Procedure?

Yes, notwithstanding anything in the Second Schedule.

What does “cognizable” mean under Section 21(2)?

Police can register a case and investigate without prior permission of a Magistrate.

What does “non-bailable” mean under Section 21(2)?

The accused cannot claim bail as a matter of right.

Are offences under this Act treated differently from ordinary offences under the CrPC?

Yes, they are cognizable and non-bailable regardless of CrPC provisions.

What does Section 22 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Protection of action taken under the Act.

Can a person be sued for actions done under this Act in good faith?

No, no suit, prosecution, or legal proceeding shall lie.

Does Section 22 apply to intended actions under the Act?

Yes, it applies to actions intended to be done in good faith.

What is the key condition for protection under Section 22?

The action must be done in good faith pursuant to the Act.

Does Section 22 provide absolute immunity from legal proceedings?

Yes, as long as the actions are in good faith under the Act.

Who is protected under Section 22?

Any person acting in pursuance of the provisions of the Act.

What does Section 23 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Power of the Government to make rules.

Who can make rules under Section 23?

The Government.

How are rules made under Section 23?

By notification.

What must the rules be consistent with under Section 23?

The provisions of the Act.

For what purpose can the Government make rules under Section 23?

For carrying out the objects of the Act.

Are the rules under Section 23 subordinate legislation?

Yes, they are subordinate to the Act.

Can rules under Section 23 contradict the Act?

No, they must be consistent with the Act.

What does Section 24 of the Jammu and Kashmir Public Safety Act, 1978 deal with?

Repeal of the Jammu and Kashmir Public Safety Ordinance, 1977 and saving of actions under it.

Which law is repealed by Section 24(1)?

The Jammu and Kashmir Public Safety Ordinance, 1977.

Does repeal of the Ordinance affect actions taken under it?

No, actions remain valid if consistent with the provisions of this Act.

What happens to rules or orders made under the repealed Ordinance?

They are deemed to have been made under the corresponding provisions of this Act.

Is the saving under Section 24(2) limited by any condition?

Yes, it applies only so far as consistent with the Act.

Does Section 24 affect legal continuity of past actions under the Ordinance?

No, it ensures continuity under the new Act.