Detaining Powers to Delhi Police

In News

Recently, the Lieutenant (Lt) Governor of Delhi has granted powers of detaining authority to the Chief of Delhi Police.

About the Issue

• In exercise of the powers conferred by sub-section (3) of section 3, read with clause (e) of Section 2 of the National Security Act, 1980, the Lt Governor directed that during the period 19^th July to 18^th October, the Delhi Police Commissioner may also exercise the powers of detaining authority under sub-section (2) of the section 3 of the aforesaid Act.
• It comes ahead of Independence Day and at a time farmers protesting against the Centre’s agriculture laws have been holding ‘Kisan Sansad‘ at central Delhi’s Jantar Mantar.
  • Amid heavy security, a group of 200 farmers started a ‘Kisan Sansad’ at Jantar Mantar, a few metres away from the parliament where the Monsoon Session is underway.
  • Farmers said the idea behind organising the sansad was to show that their agitation is still alive and tell the Centre that they too know how to run the parliament.

National Security Act, 1980

• It is an act of the Indian Parliament promulgated on 23^rd September, 1980.
• Objective: To provide for preventive detention in certain cases and for matters connected therewith.
• Coverage: It extends to the whole of India.
• Power to Government
  • It empowers the government to detain a person if the authorities are satisfied that he/she is a threat to national security or to prevent him/her from disrupting public order.
• Major Provisions
  • It allows preventive detention for months.
  • States or Centre can detain a person from acting in manner prejudicial to India’s security.
  • A person can be detained if he/she is a threat to India’s relations with foreign countries.
  • It is invoked to maintain public law and order.
  • It empowers the government to detain foreigners and regulate his/her presence or expel him/her from India.
  • The provisions in the Act are is re-notified every quarter
•  Detention Period
  • A person can be detained for up to 12 months without a charge.
  • A person can be held for 10 days without being told the charges against them. 
  • The person can appeal before a High Court Advisory Board but will not be allowed a lawyer during the trial.
• Genesis
  • The NSA Act 1980 has its roots in the colonial era.
  • In 1818, Bengal Regulation III was enacted to empower the British government to arrest anyone for maintenance of public order without giving the person recourse to judicial proceedings. 
  • In 1919, the Rowlatt Act allowed confinement without a trial. The Jallianwalla Bagh tragedy was a direct result of the protest against the Rowlatt Act.

Constitutional Legitimacy

• It is a matter of irony that the makers of Indian Constitution, who themselves were once victims of the tyranny of preventive detention laws, still chose to grant powers to governments under the Constitution to enact such laws. 
• Under Entry 9 of List I (Union List), Parliament has the exclusive power to enact a law for preventive detention for the reasons connected with defence, foreign affairs, or security of India. 
• On the other hand, under Entry 3 of List III (Concurrent List), both Parliament and State Legislature have powers to enact such laws for the reasons related to maintenance of public order or maintenance of supplies or services essential to the community.
• Article 22 of Indian Constitution also deals with preventive detention.

Challenges

• Article 22 (1) says an arrested person cannot be denied the right to consult and to be defended by a legal practitioner of his choice. But this Article is not applicable for detentions under NSA.
• According to Section 50 of the Criminal Procedure Code (CRPC), any person arrested has to be informed of the grounds of arrest and has the right to bail. But no such rights given under NSA detention
• The government holds the Right to Conceal Information which it considers to be against public interest to disclose.
• Moreover, the National Crime Records Bureau (NCRB), which collects crime data in India, does not include cases under the NSA as no FIRs are registered.
• The Act is mostly misused by the authorities. 
• Validity of the Act even during peacetime as ‘anachronism’.
• The governments use NSA as an extra-judicial power.

Way Forward

• The Act has run its course and now needs amendment as per the present dynamics. 
• Arbitrary usage of the Act needs to be stopped as it interferes with the Rights of an individual.

Source: TH