Excelsior Correspondent
JAMMU, Aug 12: Principal Sessions Judge Kishtwar M S Manhas has kept in abeyance the order of the Chief Judicial Magistrate (CJM) whereby cognizance of the contempt proceedings was taken and subsequently show-cause notices were issued against the public servants.
The order has been passed by the Principal Sessions Judge in a revision petition filed by the State through District Magistrate Kishtwar, who was represented by Advocate Rajesh Sharma. Along with the revision petition, the petitioner also filed an application for grant of interim relief-staying the operation of order dated August 5, 2024 passed by the Chief Judicial Magistrate Kishtwar.
“Slapping of PSA is the domain and prerogative of the Government and courts have no jurisdiction in that matter because this is not the substantive law rather is preventive measure and the police and administration are well within their powers to exercise this right keeping in view the typical facts and circumstances of a particular case”, the Principal Sessions Judge said.
“It is only Constitutional Court which can ponder into the validity of such order of PSA and the Magisterial courts don’t have jurisdiction to comment upon such preventive orders”, the Principal Sessions Judge further said while keeping in abeyance the order passed by CJM.
The court has also issued notices in the revision petition to the respondents for filing objections.
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