UAPA Is More Strict Than PSA: UAPA Crack Down In J&K
UAPA is more strict than PSA: No more PSA on terrorists-separatists, anti-national elements in Jammu and Kashmir, UAPA cracks down.
In order to completely crack down on anti-national elements, terrorists, and separatists in Jammu and Kashmir,.
The state administration is now taking action under the Unlawful Activities Prevention Act (UAPA) instead of the Public Safety Act (PSA).
After August 5, 2019, in Jammu and Kashmir, the cases of detention under the PSA have decreased continuously, while the number of cases registered under the UAPA has increased.
So far, about 2364 people have been booked under UAPA. Under this, out of 2350 prisoners, about 1110 are still in jail.
At the same time, from August 5, 2019, to August 5, 2021, out of about 954 prisoners made under PSA, only 282 are lodged in jails.
A senior official of the state police said that after August 5, 2019, most of the accused arrested in Jammu and Kashmir in terrorist, separatist, hawala, and related cases were held captive under the UAPA.
In the year 2019, 918 accused were arrested in the cases registered under UAPA. In the year 2020, 953 people were arrested in 557 cases registered under UAPA.
Till the end of July this year, police have arrested 493 people in 275 cases registered under UAPA in different parts of the state.
Advocate Rajendra Jamwal said that in the last three years, the police is now changing its policies against anti-national and separatist elements.
It is more rigid than PSA. In this, you do not have to go through the legal procedures, again and again, to keep a person captive. The accused cannot easily get bail in court.
More cases registered in Kashmir than in Jammu: The official said that the number of cases registered under UAPA is more in Kashmir than in Jammu.
So far this year, only 26 cases have been registered in the Jammu division, while 249 cases have been registered in Kashmir under UAPA.
Out of 2364 people arrested under UAPA, around 1110 are lodged in jails. The official said that under the PSA, 699 people have been held captive in the year 2019, 160 in the year 2020, and till July 31 in 2021.
After August 5, 2019, under the same law, former Chief Ministers Dr. Farooq Abdullah, Omar Abdullah, and Mehbooba Mufti were also imprisoned.
Sheikh Abdullah had implemented the PSA: The then Chief Minister of Jammu and Kashmir, the Public Safety Act. It was implemented by Sheikh Abdullah in 1978.
After this, it was amended in 1987, 1990, 2012, and August 2018.
Three months to one year for the person who threatens the law and order, six months to two years for the person who is dangerous to the unity and integrity of the country.
Up to 12 months for the person involved in the smuggling of timber on illegal felling of forests.
There is a provision for imprisonment. For this only the concerned District Deputy Commissioner or Divisional Commissioner issues orders.
UAPA is more strict than PSA: The official said that if any person has been imprisoned under the PSA, then he has to complete the legal process again to make him a prisoner again.
Apart from this, it can also be easily challenged in court. In contrast, UAPA is more strict. The main function of this law is to stop terrorist activities.
Under this law, the police identify such terrorists, criminals, or other people who are involved in terrorist activities, prepare people for this or promote such activities.
The NIA has a lot of powers in this matter. Under this law, the police can get custody for 30 days. Judicial custody can be up to 90 days. Anticipatory bail is also not available.
