SENIOR CPI(M) leader and legislator Muhammad Yousuf Tarigami submitted three resolutions in Jammu and Kashmir state assembly on December 26 about the constitution of a commission of inquiry headed by retired Supreme Court judge to probe the recent civilian killings in the valley, urging upon the government of India to initiate a process of structured dialogue with all stakeholders to find out solution to the Kashmir issue and also ban the use of pellet guns by security forces to meet any law and order situation.

Besides submitting three resolutions, Tarigami also submitted a private members bill seeking amendments in Jammu Kashmir Public Safety Act. Tarigami through his private members amendment bill has sought amendments in the Sections 8, 9, 10, 13, 14, 16, 17, 18, 19 and 20 of Public Safety Act. Besides, he has also sought omission of section 11 and insertion of section 19A that reads: “Where a detention order is revoked, rescinded or withdrawn or set aside or quashed by the High Court in any judicial proceedings, the detenue shall be released forthwith and handed over to the family members. The concerned police station shall obtain certificate to this effect from the family members which shall be a proof of the release of the detenue.”

Public Safety Act has been in force since 1978 and there has been no effort to review its applicability. The provisions of the Act have been misused by invoking the same on the grounds which are vague, stale and non-existent. The Act is preventive in nature but in substance it acts as penal in nature in view of its affect over the detenue. Once a person is deprived of his life and liberty it should be done with utmost care and caution, invoking the provisions of Public Safety Act as an exception. In the backdrop of the above facts bringing of certain amendments in the Act has become imperative.