The Punjab Police on Monday said it has invoked the stringent National Security Act (NSA) against five people linked to radical preacher Amritpal Singh's 'Waris Punjab De'.
Here’s a lowdown on what the act entails and its colonial roots.
What is the NSA?
According to the Ministry of Home Affairs, the act allows preventive detention of persons. A state or central government is empowered under the National Security Act, 1980 to detain a person if there is reason to believe that he/she may be engaging in an act threatening national security. The government may also invoke the NSA to prevent a person from disturbing public order or disrupting supplies and services essential to society.
A person can be detained if he/she is a threat to India's relations with foreign countries. The Act empowers the government to detain foreigners and regulate his/her presence or expel him/her from India.
How long can a person be detained?
The period of preventive detention under the NSA is 12 months, which can be extended if the government gathers fresh evidence against the individual. The detainee cannot be charged during this period.
The detainee can appeal before a high court advisory panel but is not allowed a lawyer during trial.
History of the Act
The NSA 1980 began in the colonial era. In 1818, Bengal Regulation III was brought into force to allow the British establishment to arrest any person without providing legal aid for the reason of maintaining public order. In 1919, the Rowlatt Act was passed, which allowed detaining without a trial, of which the Jallianwala Bagh massacre was a direct result.
After 1947, Indira Gandhi introduced the Maintenance of Internal Security Act (MISA) in 1971, mirroring the Rowlatt Act, which was later repealed in 1977. The National Security Act was then promulgated in 1980.
Importance of the NSA
Under Article 22 (1) of the Constitution, arrested persons in India cannot be denied the right to a legal practitioner of their choice, and as per Section 50 of the Criminal Procedure Code, arrested persons have to be informed of the reason for arrest and have right to bail. However, under the NSA 1980, these rights become unavailable. The government can also conceal information deemed of ‘public interest’ from those detained under the NSA.
The National Crime Records Bureau (NCRB) collects data for all crimes in India but does not include NSA cases as no FIRs are registered.
The Act has seen criticism for its misuse by agencies, with some saying that governments use the act as an extra-judicial tool.
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