Why in News?

Many former civil servants have demanded an end of misuse of the provisions of NSA terming it as a draconian preventive detention law.

About the National Security Act, 1980

• It is a preventive detention
• Preventive Detention involves the detainment of a person to keep him/her from committing future crimes and escaping future prosecution.
• Under Article 22 (3) of the Constitution,preventive detention and restriction on personal liberty is allowed for reasons of state security and public order.
• However, Article 22 (4) states that no law providing preventive detention shall authorise the detention of a person for a period longer than three months unless:
  • An Advisory Board reports sufficient cause for extended detention.
  • Such a person is detained in accordance with the provisions of any statute made by the Parliament.
• Hence under this powers GoI has made NSA, 1980.
• The NSA empowers both the Centre and State government to detain a person to prevent him from acting in any manner prejudicial to national security, public order, etc.
• The maximum Period of Confinement is 12 months,but this term can be extended if the government finds fresh evidence.
• Detention under NSA is an administrative order passed either by the Divisional Commissioner or the DM and is not detention ordered by police based on specific allegations of violation of the law.

Issues In the NSA:

• NSA can be invoked by DM-
  • Even if a person is in police custody.
  • Even if the person has been granted bail by a trial court, he can be immediately detained under the NSA.
• The detained person does not have the right to move to a criminal court with a bail application.

Immunity for Passing and Carrying Out Order: The DM is protected under the Act from any prosecution, or any legal proceeding against him in issuance of the orders.