Mohinder Verma
JAMMU, Feb 24: The headless Advisory Board on Jammu and Kashmir Public Safety Act is all set to get its new Chairman shortly as the Chief Justice of State High Court Justice M M Kumar has recommended the name of Justice (retd) B L Bhat for the coveted post to the State Government.
The Advisory Board mandated to review the cases of detention under the Public Safety Act became headless in the month of November 2012 when Justice (retd) M L Koul, who remained Chairman of the Board for 12 years, completed his term and Government decided not to give him any more extension in view of amendments in the Act whereby the term of Chairman and Members of the Advisory Board has been restricted to maximum of four years.
Initially, the Law Department recommended panel comprising Justice (retd) M Y Kawoosa, Justice (retd) B L Bhat, Justice (retd) S K Gupta and Justice (retd) Muzaffar Jan but later the names of Justice (retd) Bilal Nazki, Chief Justice of Orissa High Court and Justice R C Gandhi, former Judge of Rajasthan High Court were also recommended.
Among the six member panel, the Chief Justice of State High Court, Justice M M Kumar has recommended the name of Justice (retd) B L Bhat for the coveted post to the Government, highly placed sources in the Civil Secretariat told EXCELSIOR.
In response to a question, sources said, “there is no legal infirmity in appointing the Judges, who have already held the post-retirement assignments or are presently discharging such responsibilities as the Act says Chairman should be a person, who is or has been a Judge of the High Court and two other members, who are, or have been, or are qualified to be appointed as Judges of the High Court”, adding “even the Home Department had raised this contention but the same was cleared by the Law Department while recommending two more names for the coveted post of Chairman of PSA Advisory Board”.
“After receiving the communication from the Chief Justice recommending the name of Justice (retd) B L Bhat among the six-member panel, the Law Department forwarded the file to the Home Department and within next few days the file will be placed before the Chief Minister, Omar Abdullah, who is also holding the port-folio of Home Department for approval”, sources disclosed.
It is pertinent to mention here Justice (retd) M L Koul was appointed as Chairman of the Advisory Board on PSA in November 2000 initially for a period of five years. Thereafter, he was given three extensions in subsequent years. The first extension was given in December 2005 and second in December 2008. The latest extension was given in December 2011.
In early 2012 the Government amended Section 14 of the Act to introduce a maximum term of office for the Chairman and members of the Advisory Board. As per the amended Section 14, the term of Chairman as well as members will be two years which can further be extended by another two years.
In every case where a detention order has been made under Public Safety Act, the Government, shall, within four weeks from the date of detention under the order, place before the Advisory Board the grounds on which the order has been made, the representation, if any, made by the person affected by the order and in case where the order has been made by an officer, also report by such officer under Sub-Section 4 of Section 8 of the Act.
The Act says the Advisory Board shall, after considering the material placed before it, and after calling for such information as it may deem necessary from the Government, submit its report to the Government within eight weeks from the date of detention.
In case of difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board, the Act further says. In any case where the Advisory Board reports that there is sufficient ground for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.
In any case where the Advisory Board reports that there is no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and release the person forthwith, the Act further says.
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