In a landmark ruling, the High Court of Jammu and Kashmir and Ladakh has affirmed that the term “State” under the Jammu and Kashmir Public Safety Act, 1978 (PSA) indeed includes the Union Territory of Jammu and Kashmir. This decision came as a blow to arguments suggesting that post-2019, when J&K transitioned into a Union Territory, preventive detention under the PSA citing security threats to the “State” of Jammu and Kashmir would no longer hold.
The ruling, delivered by Chief Justice N Kotiswar Singh and Justice Moksha Khajuria Kazmi, dismantled the appeal of Yawar Ahmad Malik, who was contesting his detention under the PSA. Malik’s defense had leaned heavily on the reorganization of Jammu and Kashmir in 2019, post the abrogation of Article 370, which saw the region’s status altered from a State to a Union Territory.
In their judgment, the bench referenced Section 3 (58) of the General Clauses Act, 1898, which clarifies that “State” encompasses Union Territories. This broad definition, which includes all local or other authorities within India’s territory or under its control, extends to both States and Union Territories.
The court underscored that the preventive detention order against Malik was meticulously considered, with the detaining authority demonstrating due diligence and logical reasoning. Despite Malik’s counsel arguing a lack of application of mind and the shift in terminology from “State” to “Union Territory,” the court found the detaining authority’s actions legally sound and justified.
Representing Malik were Advocates Asif Ahmad Dar and GN Shaheen, while the Jammu and Kashmir authorities were represented by Deputy Advocate General Muneeb Wani and Advocate Nowbahar Khan. The High Court’s decision, dated July 3, upheld the initial detention order, reinforcing the broad and inclusive interpretation of the term “State” under the PSA.
