Mohinder Verma
JAMMU, Oct 24: After 12 years, the Advisory Board on Jammu and Kashmir Public Safety Act (PSA) is all set to get its new Chairman as the Law Department has submitted a 4-member panel of former Judges of the High Court to the Home Department, which has to take final call on the appointment in consultation with the Chief Justice of the State High Court.
Official sources told EXCELSIOR that the appointment of new Chairman of the Advisory Board has become legally imperative as the amendments made in the Public Safety Act earlier this year restrict the term of Chairman and members of the Advisory Board to maximum of four years. Since present Chairman, Justice (retd) M L Koul is heading the panel for the last 12 years, he cannot be given extension any more by virtue of the amendments made in the Act.
After getting nod from the Chief Minister, Omar Abdullah, who is also holding the portfolio of Home Department, the Home Department in the recent past formally written to the Law Department seeking panel of the Judges for the coveted post, sources said.
“Few days back, Law Department submitted a four-member panel to the Home Department, which will select one of them for the post of Chairman of Advisory Board on PSA in consultation with the Chief Justice of State High Court, Justice M M Kumar”, sources said. The panel comprises of Justice (retd) M Y Kawoosa, Justice (retd) B L Bhat, Justice (retd) S K Gupta and Justice (retd) Muzaffar Jan.
In response to a question, sources said, “in any case this exercise is to be completed by November 30, 2012 when the latest extension given to Justice (retd) M L Koul in December last year would expire”, adding “after completion of this exercise, the Government will also have to set in motion process for selecting two new members of the Advisory Board as the term of present incumbents is also going to expire in near future”.
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 last year.
Earlier this year, the Government amended Section 14 of the Act to introduce a maximum term of office for the Chairman and members of the Advisory Board. Now, the Government has fixed two years term for the Chairman as well as members which can further be extended by another two years.
According to the Section 14 of the Public Safety Act, Board shall consist of a Chairman, 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.
In every case where a detention order has been made under this 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 cause 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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