Principal Sessions Judge MS Manhas said that only a constitutional court can look into the validity of a preventive detention order under the PSA and that magisterial courts don’t have jurisdiction to comment upon such order.
“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. 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 judge said.
Source: Barandbench
