Section A

1. What is the Object of Jammu and Kashmir Public Safety Act 1978?

2. Define the term "Preventive Detention".

3. Which Article of the Indian Constitution gives power to the Central Government to make laws like the Armed
Forces Special Power Act?

4. Name three committees which were directly or indirectly constituted to review the Armed Forces Special
Power Act enacted for various States.

5. Define the term "Public Service" under Public Service Guarantee Act 2011.

6. Before whom can an aggrieved person file an appeal under Public Service Guarantee Act 2011?

7. What is the Object of Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012?

8. Define the term "Urban Area" under the Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012.

9. What is the object of Jammu and Kashmir Special Tribunal Act, 1988?

10. Define the term "Tribunal".

Answers to Section A:

1. The object of the Jammu and Kashmir Public Safety Act 1978 is to provide for the detention of certain persons
for preventing them from acting in any manner prejudicial to the security of the state or the maintenance of
the public order.
2. "Preventive detention" refers to the detention of a person without trial, for the purpose of preventing him/her
from committing an offence or for maintaining public order.
3. Article 246 of the Indian Constitution gives power to the Central Government to make laws like the Armed
Forces Special Power Act.
4. Three committees that were directly or indirectly constituted to review the Armed Forces Special Power Act
enacted for various States are the Justice Jeevan Reddy Committee, the Justice Verma Committee, and the
Justice Santosh Hegde Committee.
5. "Public Service" under Public Service Guarantee Act 2011 means any service, which is required to be delivered
within the specified time limit to the eligible person by the concerned department, agency, or office of the
government.
6. An aggrieved person can file an appeal under Public Service Guarantee Act 2011 before the first appellate
authority designated under the Act.
7. The object of the Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012 is to consolidate and
amend the law relating to the regulation of the relationship of landlord and tenant of residential and
commercial premises and to provide for the regulation of rent, eviction, and maintenance of such premises.
8. "Urban Area" under the Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012 means any area
within the limits of a municipal corporation, municipal council, or notified area committee, or any other area
specified by the government as an urban area for the purposes of this Act.
9. The object of Jammu and Kashmir Special Tribunal Act. 1988 is to provide for the constitution of a special
tribunal for the speedy trial of offences relating to terrorist activities, and for matters connected therewith.
10. "Tribunal" means a special tribunal constituted under the Jammu and Kashmir Special Tribunal Act. 1988.
 Section B
Q.No. 2: One of the important provisions of the Jammu and Kashmir Public Safety Act. 1978 provides that
Grounds of detention must be disclosed to the person affected by the order of detention. Discuss with the
help of decided case laws?

The Jammu and Kashmir Public Safety Act, 1978 (PSA) is a preventive detention law that allows the
government to detain a person without trial for up to two years in certain circumstances. One of the
important provisions of the PSA is that the grounds of detention must be disclosed to the person affected by
the order of detention. This provision ensures that the person detained is aware of the reasons for his
detention and can effectively challenge the detention if it is arbitrary or unlawful.

The Supreme Court in the case of Khudiram Das v. State of West Bengal (1975) has held that the grounds of
detention must be communicated to the detenu as soon as possible after the detention order is passed. In
another case, Bhawarlal Ganeshmalji v. State of Tamil Nadu (1979), the Court held that the grounds of
detention must be specific, clear and unambiguous. The grounds must enable the detenu to make an effective
representation against his detention.

In the case of Mohammad Ashraf Mir v. Union of India (2020), the Supreme Court held that the grounds of
detention must be communicated to the detenu as soon as possible and that the detenu must be given an
opportunity to make a representation against the detention order. The Court also held that the grounds of
detention must be specific, clear and unambiguous.

Thus, it is clear that the provision regarding disclosure of grounds of detention is an important safeguard
against arbitrary and unlawful detention. It ensures that the detenu is aware of the reasons for his detention
and can effectively challenge it if it is arbitrary or unlawful.

Q.No. 3: It is said that, the Armed Forces (Jammu & Kashmir) Special Power Act. 1990 could be made
applicable only in a disturbed area. Explain with the help of relevant laws?

The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 (AFSPA) is a law that gives special powers to
the armed forces in certain areas of Jammu and Kashmir. The law was enacted to deal with the security
situation in the state, which was considered to be disturbed at the time of its enactment.

Section 3 of the AFSPA empowers the central government to declare an area as a "disturbed area" if it is of the
opinion that the security situation in the area is such that it is necessary to use armed forces in aid of civil
power. Once an area is declared as a disturbed area, the armed forces have the power to use force and arrest
without warrant in order to maintain public order in the area.

The Supreme Court in the case of Naga People's Movement of Human Rights v. Union of India (1998) has held
that the declaration of an area as a "disturbed area" under the AFSPA is subject to judicial review. The Court
has also held that the use of force under the AFSPA must be proportionate to the situation and that the armed
forces must follow the principles of law enforcement and human rights.

Thus, it is clear that the AFSPA can be made applicable only in a disturbed area, which is declared by the
central government under Section 3 of the Act. The use of force under the Act must be proportionate to the
situation and subject to judicial review.
Q. No. 4: Which Section of the Public Service Guarantee Act 2011 makes it obligatory on the designated
officer to provide public services to the eligible person within the time specified in subsection (1) of section
4? Discuss.

Answer: Section 5 of the Jammu and Kashmir Public Service Guarantee Act, 2011, makes it obligatory on the
designated officer to provide public services to the eligible person within the time specified in subsection (1) of
section 4. As per section 4(1) of the Act, every department shall publish a list of public services that it provides,
the time limit for providing those services, and the designated officer responsible for providing those services.

Once an eligible person has made an application for a public service, the designated officer is required to
provide the service within the specified time limit. In case the designated officer is unable to provide the
service within the specified time, he must inform the applicant of the reasons for the delay and the expected
date of delivery of the service. The Act also provides for a penalty if the designated officer fails to provide the
service within the specified time limit.

Section 5 of the Act further provides that the designated officer shall be responsible for ensuring the proper
delivery of public services under the Act. In case the designated officer is unable to provide the service, he may
forward the application to a higher authority for further action.

In conclusion, Section 5 of the Jammu and Kashmir Public Service Guarantee Act, 2011, places an obligation on
the designated officer to provide public services to the eligible person within the time specified in subsection
(1) of section 4. The provision is essential for ensuring timely delivery of public services to the citizens and
holds the designated officer accountable for any delay or non-compliance.

Q.No 5: Define the following definitions given under the Jammu and Kashmir (Residential and Commercial
Tenancy) Act. 2012:

(a) Landlord.
A landlord is defined as a person who owns or is entitled to receive rent for any residential or commercial
property under the Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012.

(b) Tenant.
A tenant is defined as a person who pays or is liable to pay rent for any residential or commercial property
under the Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012.

(c) Public Institution.

A public institution is defined as any hospital, dispensary, school, college, university, public library, public park
or playground, or any other institution that is run by the government or a local authority or is supported by
public funds.

(d) Rent.
Rent refers to the consideration paid or payable by a tenant to a landlord for the use and occupation of a
residential or commercial property. The rent payable by the tenant under the Jammu and Kashmir (Residential
and Commercial Tenancy) Act, 2012, is determined in accordance with the terms of the tenancy agreement or
as determined by the Rent Controller.
Q. No 6: What are the essential ingredients of Section 3 of the Jammu and Kashmir Special Tribunal Act,
1988?

Section 3 of the Jammu and Kashmir Special Tribunal Act, 1988, deals with the constitution of the Special
Tribunal. The essential ingredients of Section 3 are as follows:

(i) The Special Tribunal shall consist of a Chairman and such other members as the government may deem fit.

(ii) The Chairman of the Special Tribunal shall be a person who is or has been a Judge of a High Court, and the
other members shall be persons who have held the post of Secretary to the government of India or any other
equivalent post.

(iii) The government shall appoint the Chairman and other members of the Special Tribunal.

(iv) The Chairman and members of the Special Tribunal shall hold office for a term of five years, or until they
attain the age of 65 years, whichever is earlier.

(v) The Special Tribunal shall have jurisdiction to try any offence under the Prevention of Corruption Act, 1988,
committed by a public servant in the State of Jammu and Kashmir.

The Special Tribunal is a specialized body that has been set up to expedite the trial of corruption cases against
public servants in the State of Jammu and Kashmir. The composition of the Tribunal ensures that it is
independent and impartial in its functioning. The Special Tribunal has been empowered to take cognizance of
offences under the Prevention of Corruption Act, 1988, which is a stringent anti-corruption law.

Section C

Q.No. 7 - The Jammu and Kashmir Public Safety Act 1978 provides for the "Detention of Certain Persons"
under Section 8 of the said Act, Explain with the help of decided case laws?

The Jammu and Kashmir Public Safety Act, 1978 provides for preventive detention of individuals who are
deemed to be a threat to the public order, security or maintenance of essential supplies and services. Under
Section 8 of the Act, the government can detain any person without trial for a maximum period of two years.
However, before detaining an individual, the government must provide grounds for detention to the person
affected by the order of detention.

The Act has faced criticism for being misused to curb dissent and silence political opposition. The grounds of
detention provided by the government have often been vague and unsubstantiated, and detention orders
have been passed without due process. Many have challenged the constitutionality of the Act, and the
Supreme Court has had to examine the issue on several occasions.

In the case of State of Jammu and Kashmir v. M.S. Farooqi (1980), the Supreme Court held that detention
orders passed under the Act must be based on "relevant material" and not on "vague and non-existent
grounds". The Court also observed that the grounds of detention must be communicated to the detainee as
soon as possible.

In the case of Khurshid Ahmad Ganai v. State of Jammu and Kashmir (2019), the Supreme Court held that the
grounds of detention must be "clear, precise and unambiguous" and should enable the detainee to make an
effective representation. The Court further held that the burden of proving that the grounds of detention are
vague or that there has been non-application of mind rests on the detainee.

Thus, the Jammu and Kashmir Public Safety Act, 1978 must be used with caution and with respect for the
fundamental rights of individuals. The government must provide specific and valid grounds for detention, and
the detainee must have an opportunity to challenge the detention before a court of law.
Q.No. 8: What kinds of Special Powers were given to the Armed Forces under Sections 4 and 5 of the Armed
Forces (Jammu & Kashmir) Special Power Act, 1990?

The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 (AFSPA) grants special powers to the armed
forces operating in Jammu and Kashmir. Section 4 and Section 5 of the Act provide for the following powers:

Power to arrest and search: Under Section 4, any commissioned officer, warrant officer, non-commissioned
officer, or any other person of equivalent rank in the armed forces is given the power to arrest without a
warrant and search any person, premises or vehicle suspected of being involved in terrorist activities or
actively assisting terrorists.

Power to use force: Under Section 4, the armed forces are authorized to use force, including lethal force, if
necessary, in the following situations:

To maintain public order

To assist the police or civil administration in maintaining law and order
To protect public property
To save the life of any person from imminent danger
Protection of armed forces personnel: Under Section 5, no legal proceedings can be initiated against any
member of the armed forces for actions taken while on duty in "disturbed areas" without the prior approval of
the Central government.

Authority to declare an area as "disturbed": Under Section 3 of the Act, the Governor of the state or the
Central government can declare any area as "disturbed" if they are of the opinion that it is necessary to do so
for the maintenance of public order.

While these powers were initially intended to combat terrorism in the state, they have been the subject of
controversy due to reports of misuse, human rights violations, and impunity granted to the armed forces.
Critics have argued that these provisions grant immunity to the armed forces, leading to abuse of power and
lack of accountability.

Q9. Write short note on the following:

(i) What is the Penalty for non-compliance of order under Section 16 of the Public Service Guarantee Act,
2011?
(ii) What is the Penalty for not providing the service under Section 11 of the Public Service Guarantee Act,
2011?
(iii) What is Penalty for not doing the appeal under Section 12 of the Public Service Guarantee Act, 2011?

(i) Under Section 16 of the Public Service Guarantee Act, 2011, if any designated officer fails to comply with
the order passed by the Appellate Authority under Section 15, then he shall be liable to a penalty which may
extend up to Rs. 5,000/- or the actual cost incurred by the applicant, whichever is less. The designated officer
must comply with the order of the Appellate Authority within 30 days from the date of receipt of the order. In
case of non-compliance, the penalty shall be imposed.

(ii) Section 11 of the Public Service Guarantee Act, 2011 imposes a penalty on the designated officer who fails
to provide services to the eligible person within the specified time limit. If the designated officer fails to
provide the service within the specified time limit, he shall be liable to pay a penalty to the eligible person. The
penalty shall be Rs. 250/- per day for the period of delay, subject to a maximum of Rs. 5000/-.

(iii) Section 12 of the Public Service Guarantee Act, 2011 provides for an appeal to the Appellate Authority
against any order passed by the designated officer. If any eligible person fails to file an appeal against an order
within the specified time limit, he shall not be entitled to file an appeal later on. Therefore, it is very important
to file the appeal within the specified time limit. If the eligible person fails to file an appeal within the specified
time limit, he shall be deemed to have waived his right to appeal.
Q.No. 10: What is the procedure for termination of Tenancy by landlord and Tenant under Section 21 of the
Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012?

The Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012, provides for the regulation of
tenancies of residential and commercial properties in the union territory of Jammu and Kashmir. Section 21 of
the Act deals with the procedure for termination of tenancy by the landlord and tenant. This section lays down
the steps that must be followed by both the landlord and the tenant in order to terminate a tenancy
agreement.

The procedure for termination of tenancy by the landlord is as follows:

Notice of termination: The landlord must give a written notice of termination to the tenant, specifying the
grounds for the termination, the date on which the tenancy is to be terminated, and the date on which the
landlord requires the tenant to vacate the property.

Time period: The notice must be given at least 30 days before the date on which the landlord requires the
tenant to vacate the property.

Service of notice: The notice must be served on the tenant in the manner prescribed by law. If the tenant is
not available at the property, the notice can be affixed to a conspicuous part of the property.

Application to Rent Controller: If the tenant fails to vacate the property after the expiry of the notice period,
the landlord can make an application to the Rent Controller for an order of eviction.

Order of eviction: If the Rent Controller is satisfied that the grounds for eviction are valid, he may pass an
order of eviction, specifying the date on which the tenant is to vacate the property.

Warrant of possession: If the tenant fails to vacate the property even after the order of eviction is passed, the
Rent Controller may issue a warrant of possession, authorizing the landlord to take possession of the property.

The procedure for termination of tenancy by the tenant is as follows:

Notice of termination: The tenant must give a written notice of termination to the landlord, specifying the
date on which the tenancy is to be terminated, and the date on which the tenant intends to vacate the
property.

Time period: The notice must be given at least 30 days before the date on which the tenant intends to vacate
the property.

Service of notice: The notice must be served on the landlord in the manner prescribed by law.

Delivery of possession: On the expiry of the notice period, the tenant must deliver possession of the property
to the landlord.

In case the tenant fails to deliver possession of the property to the landlord, the landlord may apply to the
Rent Controller for an order of eviction. The Rent Controller may then pass an order of eviction, specifying the
date on which the tenant is to vacate the property. If the tenant fails to vacate the property even after the
order of eviction is passed, the Rent Controller may issue a warrant of possession, authorizing the landlord to
take possession of the property.

In conclusion, the Jammu and Kashmir (Residential and Commercial Tenancy) Act, 2012, provides a
comprehensive procedure for the termination of tenancy by the landlord and tenant. It is important for both
parties to follow the procedure laid down in the Act to avoid any legal disputes in the future.
Q.No. 11 - What is the composition and eligibility for appointment of Jammu and Kashmir Special Tribunal
Act, 1988? Also discuss how the Tribunal discharges its functions under section 6 of the Act?

The Jammu and Kashmir Special Tribunal Act, 1988 established a Special Tribunal to hear disputes arising out
of certain laws relating to land reforms, tenancy, and other allied matters. The Tribunal comprises of a
Presiding Officer, who is appointed by the State Government, and two members who are also appointed by
the State Government. The Presiding Officer should be a person who is or has been a District Judge or a person
who has held a judicial office for not less than 10 years. The members should be persons who have knowledge
and experience in land revenue matters or are members of the Indian Legal Service.

The Tribunal has the power to hear and decide on all disputes arising out of the Jammu and Kashmir Agrarian
Reforms Act, the Jammu and Kashmir Land Revenue Act, the Jammu and Kashmir Tenancy Act, and the Jammu
and Kashmir Alienation of Land Act. The Tribunal has the power to summon and enforce the attendance of
witnesses, receive evidence, and issue orders in writing. The Tribunal is also empowered to review its own
orders.

Section 6 of the Jammu and Kashmir Special Tribunal Act, 1988 deals with the functions of the Tribunal. The
main function of the Tribunal is to hear and decide disputes arising out of the specified land reform laws. The
Tribunal is required to follow the principles of natural justice while hearing and deciding disputes. The Tribunal
is empowered to determine the rights and interests of the parties in the disputed property, and its decision is
final and binding on the parties.

The Tribunal has the power to issue orders for the payment of compensation, the restoration of possession,
and the removal of encroachments. The Tribunal is also empowered to direct the concerned Revenue
Authorities to effect necessary changes in the Revenue Records.

In conclusion, the Jammu and Kashmir Special Tribunal Act, 1988 provides for the establishment of a Special
Tribunal to hear disputes arising out of specified land reform laws. The Tribunal comprises a Presiding Officer
and two members who are appointed by the State Government. The Tribunal has the power to hear and
decide disputes and issue orders that are binding on the parties. The Tribunal is required to follow the
principles of natural justice while hearing disputes and has the power to issue orders for the payment of
compensation, restoration of possession, and removal of encroachments.