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SECURITY

that is issued in every quarter, they said. But, never before
had it made any headlines like it has today. Is this notification
really unprecedented and aimed at curbing the burgeon-
ing demonstrations in the national capital? Or is it really a
routine order passed by the Lt Governor, as claimed by
Delhi police?
On 10 January, 2020, Delhi’s Lieutenant Governor Anil
Baijal issued an order authorising the Delhi Police Com-
missioner to detain any individual deemed a threat to the
national security, and law and order, under the NSA from 19
January, 2020 till 18 April, 2020.
“In exercise of the powers conferred by sub-section (3)
of section 3, read with clause (c) of Section 2 of the National
Security Act, 1980, the Lt Governor is pleased to direct that
during the period January 19 to April 18, the Delhi Police
Commissioner may also exercise the powers of detaining
authority under sub-section (2) of the section 3 of the afore-
said Act,” the notification read.

What is National Security Act, 1980?
In layman’s language, under the National Security Act, 1980,
the authorities in question are empowered to arrest anyone
without mentioning the charges, refusing also to give access
to a lawyer. Any individual detained under NSA need not be
informed of the charges for 10 days and the person can be
detained for 12 months without any charges.
several students, including the JNU Students’ Union Pres- It is important to note that Article 22 (1) gives the arrested
ident Aishe Ghosh seriously injured. person the right to consult and be defended by a legal prac-
These attacks in the recent times have made it clear that titioner of his own choice. However, under the draconian
the government is in a fire-fighting mode and willing to take NSA, a detainee cannot exercise the rights under this article.
any step possible to curb the flames of anti-CAA protests. Also, any individual can he held in preventive detention on
Now came the order that the draconian National Secu- the following grounds:
rity Act (NSA), 1980, has been imposed in Delhi, especially, A. Acting in any manner prejudicial to the defence of India,
in the wake of the Shaheen Bagh movement. The media the relations of India with foreign powers, or the security
hype created around the invoking of NSA in the national of India.
capital seems to have alarmed the people who have been B. Regulating the continued presence of any foreigner in
vehemently opposing CAA-NRC-NPA through peaceful India or with a view to making arrangements for his
demonstrations. expulsion from India.
The order has come at a time when C. Preventing them from acting in any
Delhi Police is making persistent efforts manner prejudicial to the security of
to persuade the protesters in clearing Under the NSA, an the State or from acting in any man-
the Kalindi Kunj-Shaheen Bagh stretch individual can be detained ner prejudicial to the maintenance
following Delhi high court directive. of public order or from acting in any
The movement, which is over a month without a charge for up to manner prejudicial to the mainte-
old now, has drawn immense support 12 months. The individual nance of supplies and services essen-
from across the country, giving sleep- tial to the community it is necessary
less nights to the regime at the centre. also need not be informed so to do.
But, the protesters are refusing to budge of the charges for 10 days.
until the CAA, NRC and NPA is revoked Is there a reason to be scared?
or the government finds a solution The detained individual can Tehelka spoke to senior advocate Re-
which is citizen-friendly and not dis- becca Mammen John on the issue of
criminating against any religion. appeal before a high court NSA, who said, “The fear of the people
However, the Delhi police have clari- advisory board but is not in Delhi is valid. The National Security
fied that the NSA has nothing to do with Act, 1980, is a draconian act because it
the protest, instead it is “routine order” allowed a lawyer does not follow any due process and,

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