Recently National Security Act, 1980 shortly known as “NSA” is in news due to ongoing situation in Punjab in the case of Amritpal Singh briefly popularized as Sant Jarnail Singh Bhindranwale movement to make the Punjab as “Khalistan”. It is not the first time when the National Security Act, 1980 is used or imposed in India earlier at many incidents, whenever the government felt or found any act against the nation it was wisely used to remove the activity.
What is National Security Act 1980?
The National Security Act (NSA) is a law enacted by the Indian parliament in 1980 to provide for preventive detention in certain cases related to national security and public order. It allows the government to detain a person for up to 12 months without trial or charge if it deems the person a threat to national security or public order.
The National Security Act 1980 (NSA) can be invoked in cases such as:
- Threats to the sovereignty and territorial integrity of India
- Acts of terrorism or espionage
- Disrupting public services like transport, communication or supply of essential commodities
- Promoting communal or caste tensions or activities prejudicial to maintenance of public order
The law provides for a review committee headed by a high court judge to examine each detention case within seven weeks of the detention order being passed.
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What is The Provisions of Imprisonment in National Security Act, 1980?
The National Security Act, 1980 (NSA) allows for the detention of a person without trial or charge for up to 12 months, if the government deems the person to be a threat to national security or public order. The detained person can be held in any place, including a jail or a police station, as determined by the government.
The National Security Act, 1980 (NSA) also provides for certain procedural safeguards to ensure that the detention is not arbitrary or capricious. These include:
- The detention order must be passed by an authorized government official, and not by a lower-ranking officer.
- The detained person must be informed of the grounds of detention and given an opportunity to make a representation against the detention.
- The government must constitute a review committee headed by a high court judge to examine each detention case within seven weeks of the detention order being passed.
- The detained person has the right to be represented by a legal practitioner during the review committee’s proceedings.
If the review committee upholds the detention order, the detained person can approach the high court to challenge the order. However, the court can only examine the procedural regularity of the detention and not the merits of the grounds of detention. If the high court upholds the detention, the detained person can approach the Supreme Court for relief.
It is important to note that the provisions of imprisonment in the National Security Act are meant to be used in exceptional circumstances and are subject to stringent procedural safeguards.
What Are The Powers under National Security Act, 1980 (NSA) to Investigating Officer/Government?
The National Security Act, 1980 (NSA) provides the government with wide-ranging powers to deal with threats to national security and public order. Some of the key powers granted under the NSA are:
Detention without Trial
The NSA allows the government to detain a person without trial or charge for up to 12 months, if it is satisfied that the person’s activities are prejudicial to national security or public order.
Arrest and Search
The law allows the police to arrest and search any person without a warrant, if they have reason to believe that the person has committed, or is about to commit, an offense under the NSA.
Seizure of Property
The government can seize any property that it deems to be connected with the activities of a person detained under the NSA.
Restrictions on Movement and Communication
The government can impose restrictions on the movement and communication of a person detained under the NSA.
Immunity from legal challenge
The decisions of the government regarding detention and other actions taken under the NSA are immune from legal challenge, except on procedural grounds.
Landmark Judgements of Supreme Court In National Security Act, 1980 (NSA)?
The Supreme Court of India has passed several landmark judgments related to the National Security Act (NSA). Some of these judgments are:
Bhim Singh vs. Union of India (1985)
In this case, the Supreme Court held that preventive detention under the NSA must be used sparingly and only in exceptional circumstances. The court also observed that detention orders must be based on objective material and not on vague or unsubstantiated grounds.
Read Citation: Bhim Singh, Mla vs State Of J & K And Ors.
PUCL vs. Union of India (1997)
In this case, the Supreme Court held that the government’s power to detain a person under the NSA must be exercised in conformity with the constitutional safeguards and the principles of natural justice. The court also emphasized the need for regular review of detention orders to ensure that they are not arbitrary or capricious.
Read Citation: People’S Union Of Civil Liberties … vs Union Of India (Uoi) And Anr
Kartar Singh vs. State of Punjab (1994)
In this case, the Supreme Court examined the constitutionality of the NSA and upheld its validity. The court observed that preventive detention is a necessary evil to protect national security and public order, but cautioned against its misuse by authorities.
Read Citation: Kartar Singh vs. State of Punjab
K. Anbazhagan vs. Superintendent of Police (2009)
In this case, the Supreme Court held that the detention of a person under the NSA must be based on credible and reliable material, and not on mere suspicion or conjecture. The court also emphasized the need for a meaningful review of detention orders to prevent their abuse by authorities.
Read Citation: K. Anbazhagan vs The Superintendent Of Police & Ors
These judgments have played a crucial role in shaping the interpretation and application of the National Security Act in India. They have established important principles to ensure that preventive detention under the NSA is not used arbitrarily or in violation of the fundamental rights of citizens.
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What are the Major Incidents In India When National Security Act, 1980 (NSA) Was Used?
The National Security Act (NSA) has been used in India on several occasions in the past to deal with threats to national security and public order. Some of the major incidents when the NSA was used are:
Khalistan Movement (1980s)
The NSA was used extensively during the 1980s to tackle the Khalistan movement in Punjab. The law was used to detain several Sikh activists and leaders, including Jarnail Singh Bhindranwale, who was later killed in Operation Blue Star.
Ayodhya Dispute (1992)
The NSA was invoked in 1992 after the Babri Masjid was demolished in Ayodhya. The law was used to detain several people who were suspected of fomenting communal tensions and promoting violence.
Gujarat Riots (2002)
The NSA was used extensively in Gujarat in the aftermath of the Godhra train burning incident in 2002. The law was used to detain several people who were suspected of inciting violence and promoting communal hatred.
Jammu and Kashmir (2019)
The NSA was used in Jammu and Kashmir after the abrogation of Article 370 in 2019. The law was used to detain several political leaders and activists, including former chief ministers of the state.
Delhi Riots (2020)
The NSA was used in Delhi in the aftermath of the communal riots that took place in February 2020. The law was used to detain several people who were suspected of promoting violence and inciting communal tensions.
Why National Security Act, 1980 is in News Recently?
Waris Punjab De’s leader Amritpal Singh’s uncle and his 4 other accomplices have been slapped with the National Security Act,1980 (NSA). Amritpal’s uncle Harjit Singh, actor Daljit Kalsi, Bhagwant Singh Bajeke, Basant Singh and Gurmeet Singh.
The Punjab Police has taken these 5 people to Dibrugarh in Assam. During this, news is also coming that after the arrest, NSA Act can also be imposed on Amritpal Singh. According to the information received, so far 06 cases have been registered against ‘Waris Punjab De’. Amritpal Singh is still absconding. So far 114 people have been rounded up in the Amritpal operation (Amritpal Singh latest news) and 10 weapons, 4 vehicles have been recovered.
Another main reason to have the speculation that the NSA may be imposed on Amritpal Singh is that ISI angle and foreign funding are also being expressed in this case. In such a situation, the police has given a stern warning to those spreading rumours.
Conclusion
Human rights organizations and civil liberties activists who argue that it is often used to suppress dissent and violate the fundamental rights of citizens have criticized the Act. The Act has been used to detain individuals who have spoken out against the government or who have been seen as a threat to national security.
However, supporters of the Act argue that it is necessary to maintain law and order and protect the country from internal and external threats. They also claim that preventive detention is necessary in cases where there is not enough evidence to hold a trial.
Disclaimer
The views expressed in the blogs are purely the authors’ own, and they are not intended to offend anyone or to be prejudicial toward or against any individual, group of individuals, society, sex, gender, race, creed, nation, or religion, or any other term that is even remotely and closely connected. Legal-Varta is a platform for disseminating knowledge so that everyone can comprehend the legal system better. In order to avoid any misrepresentation and since it is even not advisable to do so, only content that is directly related to the Law and Statute is included in the articles. If any misrepresentation is discovered, however, we are willing to amend it because it is only for everyone’s advantage.
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