PDP to Push for Repeal of PSA as J&K Assembly Prepares for Heated Session

New Delhi: In a move likely to trigger fiery exchanges in the upcoming Jammu and Kashmir Assembly session, the People's Democratic Party (PDP) has submitted a resolution urging the Government of India to repeal the Jammu and Kashmir Public Safety Act (PSA) of 1978.  

The resolution, scheduled for discussion during the autumn session beginning October 23, also calls for a comprehensive review of all ongoing detentions under the Act, which the party says violate the principles of justice and fair legal recourse. 

A copy of the notice, addressed to the Assembly Secretary and accessed by Republic, reads as "This house recommends to the Government of India to repeal the Jammu and Kashmir Public Safety Act 1978, which undermines the principles of justice and the right for legal recourse. It further calls upon the Government of India to review all PSA detentions,". 

PDP sources said the move is part of the party’s long-standing campaign against the PSA, which allows preventive detention for up to two years on grounds of public order or state security. 

Party president Mehbooba Mufti has repeatedly described the PSA as a "lawless law" that erodes democracy. 

Recently, she condemned the detention of Aam Aadmi Party (AAP) MLA Mehraj Malik under the Act, calling it an "assault on democracy" and demanding a special session to review such detentions. 

Mufti further claimed that following incidents such as the Pahalgam terror attack, more than 3,000 people had been arrested, including over 100 under the PSA. "The forthcoming assembly session must hold discussions on the alleged abuse of the PSA," she said. 

National Conference (NC), led by Chief Minister Omar Abdullah, termed Mehraj Malik’s detention an “absolute misuse of law,” NC’s 2024 election manifesto had pledged to repeal the PSA and release political prisoners, with Abdullah calling the Act’s use against youth "rash and unjustified". 

However, critics note the irony that the PSA was originally enacted in 1978 during NC’s rule. Abdullah has since distanced himself from that legacy, promising corrective action. 

People’s Conference (PC) chairman Sajad Lone echoed similar sentiments, calling the use of PSA against an elected MLA "a sad day for an emasculated democracy". His party’s manifesto also promised to push for the repeal of the Act, which it describes as "draconian and indiscriminate". 

Earlier this year, Lone’s attempt to move a resolution seeking the PSA’s repeal and the return of detainees was rejected by the Assembly Speaker. Union Home Ministry, led by Amit Shah, has maintained that laws like the PSA remain crucial for national security.  

Shah, during recent security reviews, credited such laws for helping reduce terror incidents and ensuring coordination among security agencies. Officials argue that repealing the PSA could undermine peace efforts in the newly carved union territory. 

Autumn session, summoned by Lieutenant Governor Manoj Sinha, is expected to last five to seven sittings in Srinagar. With the deadline for submitting resolutions having ended on October 7, the PDP’s move is expected to dominate proceedings. 

Observers say the floor could witness sharp exchanges, walkouts, or attempts at amendments, with opposition parties like the BJP likely to defend the PSA as essential for maintaining order. 

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