National Security Act was invoked on Varun Gandhi by the Uttar Pardesh Government in the year 2009 along with other sections of the Indian Penal Code and was put under detention. A person can be detained for a maximum period of three months in the first instance but state government can extend such period from time to time not exceeding three months at a time.
This act came into force in the year 1980 which extends to the whole of India except the state of Jammu and Kashmir. Let us discuss, what is the National Security Act, 1980 ? How is it implemented ?
What is National Security Act ?
National Security Act is an act of Indian Parliament which empowers Central Government and State Government to detain a person from acting in manner prejudicial to the security of India, relations of India with foreign countries, maintenance of services and supplies essential to the community if it is necessary to do so.
Who can make orders to detain a person :
The Central or State Government if satisfied that to prevent any person from doing any act mentioned in the above para and it is necessary to do so, can make an order for detention of the person. If any foreigner violates the act, he can be expelled from country.
On the satisfaction of the State Government, District Magistrate or Commissioner of Police can also make orders for the detention of person.If any officer makes such orders, he shall send his report to the State Government. If report is not approved by the government in 15 day, the order shall not remain in force. State Government will send approved report to the Central Government within 7 days.
A person can be detained for a maximum period of three months in the first instance. State Government can extend such period from time to time not exceeding three months at one time.
The detention order is treated and executed in the same manner as a warrant of arrest under the Crminal Procedure Code.
The maximum period for detention of a person is 12 months from his date of detention.
What is Advisory Board ?
The Central or State Government constitutes an Advisory Board for the purpose of this act, whenever necessary. The board consists of three members as serving or retired Judges of High Court.
How Advisory Board works ?
In all the cases where a detention is made under this act, the State Government shall put his detailed report regarding detention of the person within three weeks of his detention or on representation by the affected person. The Advisory Board, after proper verification of facts and circumstances, submits its report to the government within 7 weeks from date of detention.
If Advisory Board agrees with the report of government, only then person is kept under detention otherwise the government shall revoke his orders and the person concerned will be released.
A good one but what I want to know is that .... Why the "National Security Act 1980" is not implemented in the state of Jammu and Kashmir while it has been implemented in the rest of the country.
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