Delhi Police gets the power to detain under the NSA Act…Here is what you need to know
Delhi Police has been granted the power to detain by Delhi’s Lieutenant Governor- Anil Baijal under the NSA (National Security Act) Act 1980. This has been given for a period of three months effective from January 19, 2020, to April 18, 2020. However, the cops are saying it’s nothing new; such an order is issued every quarter.
The power to detention has been granted to Delhi Police amid the rising protests against Citizenship Amendment Act (CAA) and the National Register of Citizens.
The National Security Act, NSA allows the granted person to detain an individual or individuals who are assumed to be a threat to the law, order, or security. The individuals detained under this act are not charged by the Police.
What is the National Security Act?
The National Security Act was put into effect on September 23, 1980, during the rule of Indira Gandhi government. The act provides preventive detention in certain cases where the authorities find someone to be a threat to the law and order of the particular region. The Act can be applied in any part of India.
According to the NSA, the Police can detain a person if he:
- Acts in any manner that is detrimental to the defence of India, India’s foreign powers, or law and security.
- Regulates the presence of any foreigner in India without legal permission or makes arrangements for his expulsion from the country.
- Acts in any manner prejudicial to the security of the State, the maintenance of public order or to the maintenance of supplies and services essential to the community.
Under the NSA, a person can be detained maximum for a year without a charge. And the state government needs to inform him that he is detained under the National Security Act. Though the person cannot hire a lawyer during the trial period, he can file an appeal before the High Court Advisory Court.
How NSA is different from regular detention?
In a regular detention case, the person is guaranteed some basic rights including the right to be informed about the reason for the arrest. A few examples are:
- Section 50 of the Criminal Procedure Code (CrPC) provides the person with the right to know the reason for his arrest and the right to bail.
- Sections 56 and 76 of the CrPC also make the appearance of the arrested person before the court within 24 hours of the arrest.
- Moreover, Article 22(1) of the Constitution depicts that an arrested person cannot be refused or denied to seek a legal practitioner’s help for consultations and defend.
But that’s not the case with NSA. None of these rights is provided under the NSA. A person could be kept in the dark about the reason for his detention for up to 10 days. Even the government can withhold some information which it considers to be against the public interest to disclose.