SC dismisses plea challenging Delhi L-G's NSA order; says can't pass a general direction

Supreme Court on Friday refused to entertain a petition challenging Delhi Lieutenant Goverr's tification of  National Security Act (NSA) that empowered Delhi police to detain people without trial for a period of 12 months. apex court said it can't pass a general direction to restrain government from invoking NSA and granted liberty to petitioner to file a fresh petition if law is misused by authorities. petition was filed by vocate ML Sharma and heard by a bench of Justice J Arun Mishra and Justice Indira Banerjee.

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In light of mass agitation, Delhi uses NSA

Delhi L-G Anil Baijal on January 10 extended detaining powers to Delhi Police under NSA for a three-month period starting January 19. national capital has been rocked by massive agitation for over a month against contentious CAA, proposed NRC and student discontent over university-related issues. Violence was reported in campuses of Jawaharlal Nehru University (JNU) and Jamia Millia Islamia University while sit-in protests carried on in places like Shaheen Bagh.

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Plea challenges 'unconstitutional' NSA tification

vocate ML Sharma me  Ministry of Home Affairs and governments of Delhi, Uttar Presh, Andhra Presh and Manipur parties to plea. petition has termed tification by Delhi L-G, allowing police to invoke NSA to detain persons, as "unconstitutional" and violative of fundamental rights guaranteed under Article 19 (1) (freedom of speech and expression) and 21 (right to life) of Constitution.

" cause of actions arose on 10 January, when respondents (states) imposed NSA Act for next three months with effect from January 19 in Delhi as well as in Andhra Presh by state government to arrest and detain...for protests against a person holding office of prime minister and ministers in Central government...," plea said. ML Sharma h sought a direction from SC to quash tification.

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What is NSA?

National Security Act of 1980 is a stringent law that allows "preventive detention" for months if authorities are satisfied that an individual is a threat to national security or law and order. Under NSA, a person needs t to be charged during period of detention.  detained person can appeal before a high court visory board but y are t allowed a lawyer during trial.

(With Inputs from PTI)

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