PREVENTIVE DETENTION UNDER NSA, 1980 BY NIMESH ROHILLA @LEXCLIQ

WHAT IS NSA(NATIONAL SECURITY ACT,1980?

For better understanding of the act you should read it but Let me tell you some historical facts of the Act.The National Security Act of 1980 is an act of the Indian Parliament promulgated on 23 September, 1980 whose purpose is “to provide for preventive detention in certain cases and for matters connected therewith”.This act extends to the whole of India and contains 18 sections. This act empowers the Central Government and State Governments to detain a person to prevent him or her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, maintenance of public order, supplies and services essential to the community etc. It also gives power to the governments to detain a foreigner in order to regulate his presence or expel from the country.

EVOLUTION OF NSA

Article 22 of the Constitution laid down the scheme under which a preventive detention law could be enacted. The PD Act 1950 was enacted and it continued to be on the statute book until the Maintenance of Internal Security Act (MISA) was enacted in 1971. The MISA was repealed in 1977. And the only period in the Indian “republic without any preventive detention law was the three year period, beginning with the repeal of MISA in 1977 to the promulgation of the NSA in 1980.
The act was passed in 1980 during the Indira Gandhi Government.to understand the National Security Act.

PREVENTIVE DETENTION?

In simple terms, Preventive detention means to detain a person so that to prevent that person from commenting on any possible crime.
Preventive detention, the practice of incarcerating accused individuals before trial on the assumption that their release would not be in the best interest of society—specifically, that they would be likely to commit additional crimes if they were released.

COMPENSATION FOR ILLEGAL DETENTION

Article 21 can help you out in this matter.
Article 21 guarantees the right to life and liberty will be denuded of its significant content if the power of this Court were limited to passing orders to release from illegal detention. One of the telling ways in which the violation of that right can reasonably be prevented and due compliance with the mandate of Article 21 secured, is to multiply its violations in the payment of monetary compensation.

Preventive Detention is a kind of hard punishment which is necessary in cases where there is a suspicion that if the accused is set to be free he/she can cause harm to the society and nobody wants that. But what if an innocent was held guilty and sent distended and later on the court finds that the detention made earlier was illegal. Can the person who was distended seek any relief? Answer is yes.

CASE LAWS:-

Rudul Sah vs State Of Bihar And Another on 1 August, 1983
[Held, The right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the State as a shield. If civilization is not to perish in this country as it has perished in some others too well-known to suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. Therefore, the State must repair the damage done by its officers to the petitioner’s rights. It may have recourse against those officers.]

Bhuwneshwar Singh vs Union Of India (Uoi) And Ors. on 1 September, 1993
[Having found that the appellant was in illegal detention from 29th June 1989 to 25th July 1989, in our opinion it would be appropriate to award him adequate compensation for violation of his fundamental right of personal liberty as guaranteed by Article 21 of the Constitution and we accordingly direct that the appellant shall be entitled to a sum of Rs. 30,000/- as compensation for his illegal pre-trial detention and we make an order accordingly.]

CRITICISM OF NSA.
Preventive Detention is actually a must law but it is clear that whenever you make a law as a shield to protect the right of innocent and for their security and safety but sometime can be used as a sword to harm the innocents too. From time to time many cases have come before the courts regarding illegal detention and some of them have been detained for years.

The National Security Act along with other laws which allow preventive detention have come under wide criticism for their alleged misuse. This act’s constitutional validity even during peacetime has been described by some of those sections as an anachronism.

NSA IN RECENT HEADLINES:

L Raghumani Singh vs District Magistrate, Imphal West District Manipur and another. [dated 20 july 2021]

[Manipur based political activist Leichobam Erendro seeking compensation for the illegal detention underwent by him under the stringent National Security Act over a Facebook post that cow dung or cow urine will not cure COVID.A bench comprising Justices DY Chandrachud and MR Shah granted two weeks time to the respondents to file their reply on the issue of compensation.]

Further you can check about that on the internet it’s all over the news.

After the above discussion we can say that any illegal detention made under the National Security Act. or say preventive detention was served by any person but that was wrong or illegal and evidence proves that such preventive detention was illegal, then yes you can sue for compensation for the illegal detention.

Thank you for reading.

WRITTEN BY:
NIMESH ROHILLA

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