Indian Express: New Delhi: Thursday, January 04, 2018.
An RTI
application has found that even after four decades, there are no rules or
standard operating procedures (SOPs) for ordering preventive detentions under
the Jammu and Kashmir Public Safety Act, 1978.
In a reply to
an RTI application filed by members of the J&K RTI Movement, headed by
Shaikh Ghulam Rasool, the Jammu & Kashmir Home Department has admitted that
the state government has not made any rules or SOPs under the Act, 1978 during
the four decades of its existence.
It, however,
said: "However, every case is examined on its merit by the concerned
Deputy Commissioner in the light of the dossier submitted by the concerned
SSP/SP and in accordance with th provisions of the Jammu and Kashmir Public
Safety Act, 1978."
The RTI reply
also revealed that 1,003 persons had been detained across the state between
March 2016 and August 2017 - a period which included several months of turmoil.
The Home
Department refused to reveal the identities of the detenues, citing Section
8(1)(f) and 8(1)(g) of the J&K Right to Information Act, 2009 (J&K RTI
Act).
The RTI
application was originally sent to the office of Deputy Commissioner, Jammu and
the the Public Information Officer (PIO) there transferred it to the Home
Department.
Despite the
J&K Home Department's admission about the non-existence of rules and SOPs
under the J&KPSA, the districts gave contradictory replies to similar
queries.
The RTI reply
from DC office, Anantnag said: "The J&KPSA is a rule book consisting
upon 711 pages and is in binding shape. It is not possible to photostat the
book. The Book is available at Govt. Press, Srinagar."
It gave the
same reply as regards the SOPs issued under J&KPSA.
The PIO of
the DM's office, Srinagar attached a copy of the complete text of the
J&KPSA to his reply and advised the RTI applicants to approach the proper
forum, namely the Home Department, while the PIO of the DM's office, Kulgam
attached a copy of Section 8 of the J&KPSA to his reply, indicating that
these were all the rules and SOPs that were being followed while issuing
detention orders in that district.
The PIO of
the DM's office at Kishtwar also attached the text of the J&KPSA and an
amendment made to this law in 2012 (which prohibits the detention of persons
below the age of 18 years) to his reply, stating that they are the rules as
well.
The Budgam
DM's office did not bother to send any reply to the RTI applicants for 30 days.
After they filed the first appeal, the RTI application was transferred to the
Budgam police, without even informing the applicants about such transfer.
The PIO, who
is of Deputy Superintendent of Police rank, replied: "The latest version
of the rules framed under the J&K Public Safety Act, does not pertain to
us. It can be had from concerned government department or agency."
"The law
in this regard is clear that subjective satisfaction of the District Magistrate
is required on the dossier provided to him for making detention. The mention of
SOP made by you is factually, as well as, legally misconceived," it added.
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