Thursday, 30 June 2022

National Security Act

 National security act 

Freedom of speech is guaranteed in article 19 of the constitution, this article provides for freedom to protest with some restrictions. In recent few years, India has witnessed many protests, such as framer's protest, CAA, and NRC. Anil Baijal, on 17th Jan 2020 vested the power to detain any person under the national security act 1980  for the next three months in the hand of the Delhi Police commissioner.

National Security act 1980, is an Indian parliament act promulgated on 23rd September 1980, this act was was promulgated whose purpose was to provide for preventive detention in certain cases and matters connected therewith. This act contains 18 sections and it is applicable throughout India. This act provides some power to the central and state government to detain the person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, maintaining public order, or the maintenance of supplies and services essential to the country.

This act was not the first kind of law. The defense of India act 1915 was amended at the time of the first world war so that the state had the power to detain a citizen. After the world war, the Rowlett committee decided to retain such laws permanently on the statute books. The Rowlatt bill empowered the state to detain a citizen without giving the detainee any right to move the law courts and even the assistance of lawyers was denied to a detainee. The famous tragedy,  Jallianwala Bagh was a result of protecting against these Rowlett bills.

After the Independence, the government of India act 1935, gave power to the state for detaining the citizen connected with defense, external affairs, or discharge of the function of the crown in its relations with Indian states.

This act states that a person can be detained for 12 months. This order can be made by the district magistrate or commissioner of the police under their respective jurisdictions. The said detention should be reported to the state government. This act can also be invoked if a person assaults a policeman duty.

Case; Ram Manohar Lohia v. the State of Bihar, this case the court expressed that  “ one needs to envision three concentric circles .lawfulness speaks to the biggest hover inside which is the following circle speaking to public request and the smallest circle speaks to security of state .it is then simple to see that a demonstration may influence peace, yet not public request similarly as a demonstration my influence public request yet not the security of the state.

Case; Prem Narayan v. Union of India in this case the Allahabad court said that preventive confinement is considered as an infringement of onces freedom of an individual. Courts have frequently approved infringement of freedom, basically giving no solution for the individual for his anguish. 

Case; Shibban Lal v.state of Uttar Pradesh the supreme court said that "an official courtroom isn’t even equipped to inquire into reality or in any of the realities which are referenced as the ground of detainment ‘.

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