J&K Plans PSA Repeal, Vows Return of Prisoners After Statehood Restoration

JAMMU: The Omar Abdullah–led government stated on Monday that the Public Safety Act (PSA) would be revoked and political detainees lodged in prisons outside Jammu and Kashmir would be brought back once statehood is restored to the region.

The assurance came during the ongoing budget session of the Union Territory Assembly, where Minister for Education and Health, Sakina Itoo, reiterated the National Conference (NC)’s commitment to reversing laws and decisions implemented during the period of Central rule.

Speaking in the House, Itoo said that the PSA—long criticised for its sweeping powers—would be repealed soon after J&K regains its statehood.

The PSA, introduced in 1978 by the then NC government under Sheikh Muhammad Abdullah to curb timber smuggling, had over the decades been used by successive administrations against political adversaries. The PSA allows detention without trial for periods ranging from three months to two years, and has been described by Amnesty International as a “lawless law” due to its broad and often opaque application. A 2018 United Nations report on Kashmir also recommended its revocation.

Itoo pushed back strongly against attempts to blame the NC for the detention of youth outside the region. She asserted that it was during the PDP–BJP coalition government that minors and young people were arrested and shifted to jails beyond J&K. “I want to remind them that when the PDP–BJP was in power, children were detained and sent to jails outside the region,” she said, rejecting accusations directed at her party.

Reaffirming the NC’s stance, she noted that the party’s manifesto clearly outlines its pledge to restore statehood and subsequently repeal the PSA. Once an elected government regains authority over the Home Department, she said, the administration would review all PSA-related cases and initiate steps to bring back detainees held in prisons outside the Union Territory. At present, she clarified, the elected government does not have jurisdiction over the Home Department, limiting its ability to act immediately.

Her remarks came amid a charged debate in the Assembly over the fate of youth detained under the PSA and the broader question of restoring civil liberties in J&K.

Later in the day, the Assembly witnessed uproar during discussions on the implementation of the Special Assistance Scheme for Capital Investment (SASCI). Tensions escalated after PDP MLA Waheed-ur-Rehman Para described the scheme as a “death trap” for J&K, arguing that it placed the region’s financial autonomy at risk. Participating in the budget debate, Para claimed that SASCI amounted to putting Jammu and Kashmir “on sale,” insisting that it was fundamentally different from schemes such as those run by NABARD. He demanded the formation of a House Committee to scrutinise the scheme’s implications.

His remarks drew immediate objections from NC legislators, leading to heated exchanges across the aisle. Amid the commotion, Deputy Chief Minister Surinder Choudhary accused Para of placing the Assembly microphone in his pocket, further inflaming tempers. With order deteriorating rapidly, the Speaker was unable to restore calm and adjourned the House at 1.14 pm, scheduling the next sitting for 2.30 pm.

The controversy surrounding Para allegedly using a microphone inside the House resurfaced later in the day when NC member Altaf Ahmed Wani Kaloo raised the issue once again. Responding to the renewed allegations, Speaker Abdul Rahim Rather announced that he would order an inquiry into the matter. He directed the Assembly Secretariat to examine the incident thoroughly and assured the House that any necessary action would be taken in accordance with established rules. “I will investigate the matter,” the Speaker said after Kaloo reiterated the accusation, claiming that Para had handed the microphone to his party colleague Muntazir Mehdi once the issue was pointed out.

The Speaker expressed disappointment over the alleged conduct, calling such behaviour “childish” and unworthy of the dignity of the House. He questioned whether members expected him to resort to frisking legislators to prevent such incidents, underscoring the seriousness with which he viewed the decorum of the Assembly.

However, PDP MLA Mir Muhammad Fayaz dismissed the allegations as baseless, prompting a sharp retort from the Speaker, who cautioned him against defending actions that could not be justified. Kaloo further urged the Chair to review the speeches delivered by Para and other MLAs to highlight the differences in audio quality, which he argued would help establish whether an external microphone had indeed been used.