Published: 23rd Mar, 2023
Context
The National Security Act has been invoked in the case of self-styled Sikh preacher and on-the-run ‘Waris Punjab De’ chief Amritpal Singh.
- Orders have been passed to detain Amritpal Singh by the District Magistrate Amritsar issued under section 3(2) of the National Security Act, 1980.
National Security Act, 1980:
- It is a preventive detention law that empowers the state and central government to detain a person the authorities are satisfied that he/she is a threat to national security or India's relations with foreign countries.
- It is invoked to maintain public law and order.
- NSA “empowers the state to detain a person without a formal charge and without trial”.
- The provisions in the Act are is re-notified every quarter.
- It came into existence under the Prime Ministership of Indira Gandhi.
- It also empowers the government to detain foreigners and regulate his/her presence or expel him/her from India.
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Under National Security Act, Article 22 (1) of the Indian Constitution and Section 50 of the Criminal Procedure Code (CRPC) are not available to the person detained.
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What are the grounds for detention?
- NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
- Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
- An individual can be detained without a charge for a maximum period of 12 months.
- The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.
What is the protection available under the Act?
- The NSA is granted under Article 22(5), where all the detained persons have the right to make an ‘effective representation’ before an independent advisory board, which consists of three members; and the board is chaired by a member who is, or has been, a judge of a high court.
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