National Security Act (NSA),1980

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News:Recently,Lieutenant Governor of Delhi had issued an order giving the Police Commissioner the power to detain individuals under the tough National Security Act (NSA),1980.

Facts:

About National Security Act(NSA):

  • The National Security Act(NSA) of 1980 is an act of Indian Parliament which empowers the Centre or a State government for preventive detention if authorities are satisfied that a person is a threat to national security or law and order.
  • The maximum period for which one may be detained is 12 months.But the term can be extended if the government finds fresh evidence.

Grounds for Preventive Detention:As per the National Security Act, the grounds for preventive detention of a person include:

  • acting in any manner prejudicial to the defence of India, the relations of India with foreign powers or the security of India.
  • regulating the continued presence of any foreigner in India or with a view to making arrangements for his expulsion from India.
  • preventing them from acting in any manner prejudicial to the security of the State or for the maintenance of public order or to the maintenance of supplies and services essential to the community it is necessary so to do.

Rights against preventive detention:

  • Normally, if a person is arrested, he or she is guaranteed certain basic rights.These include the right to be informed of the reason for the arrest.
  • However,under NSA person could not be informed about the reasons for his arrest for up to five days and in exceptional circumstances not later than 10 days.
  • The arrested person is also not entitled to the aid of any legal practitioner in any matter connected with the proceedings before an advisory board which is constituted by the government for dealing with NSA cases.