NSA Invoked Against Amritpal Singh: Everything You Need To Know About The National Security Act

The strict National Security Law has been invoked against Amritpal Singh, the Punjab government told the high court on Tuesday, criticizing him for “failure of intelligence” that led the pro-Khalistan preacher to dodge police.

The Punjab and Haryana High Court was hearing the habeas corpus petition filed by lawyer Imaan Singh Khara, seeking the ‘release’ of Amritpal Singh from alleged police custody.

Judge NS Shekhawat asked Punjab Advocate General Vinod Ghai how Amritpal Singh dodged the police when the entire operation was meticulously planned, calling it an intelligence failure, a lawyer said.

On Saturday, the police launched a major crackdown on Amritpal Singh and members of his ‘Waris Punjab De’ group. However, the elusive preacher gave the police a slip and escaped his raid when his cavalcade was intercepted in Jalandhar district.

But what is the National Security Law? News18 explains:

The law, according to the Ministry of the Interior, allows the preventive detention of people. The 1980 National Security Act empowers a state or central authority to detain a person if there are grounds to suspect that he is committing an act endangering national security. The government can also use the NSA to prohibit anyone from disturbing the peace or disrupting critical supplies and services.

If a person poses a threat to India’s relations with other countries, they may be detained, according to a report by Deccan Herald. The Act gives the government the authority to imprison foreigners, control their presence or deport them from India.

The NSA allows a 12-month pretrial detention period, which can be extended if the government acquires new evidence against the suspect. During this time, the detainee cannot be prosecuted. The detainee may appeal to a higher court advisory panel, but is not allowed to have a lawyer present during the trial.

Protection Available Under Law

Article 22 of the Indian Constitution provides for both pre-trial detention and the right not to be arrested or held in custody under certain circumstances, according to the Indian Express. However, article 22(3) establishes that the rights granted to a detained person do not apply in the pretrial detention situation, therefore an exemption is made.

Section 22(5) of the NSA grants all detained persons the right to make effective representation before an independent advisory board, consisting of three members; and the board is chaired by a member who is or has been a judge of a higher court, the report says.

The DM who issues the arrest warrant is protected by law: the official who executes the directives cannot be prosecuted or take legal action, the report adds. As a result, the writ of habeas corpus is the only remedy available under the Constitution against the state’s power to detain anyone under the NSA. As a result, Imaan Singh Khara, Waris Punjab De’s legal adviser, has filed a habeas corpus petition in Singh’s case with the Punjab and Haryana High Court.

History of the Law

The 1980 NSA began during the colonial era, explains the Deccan Herald. The Bengal III Regulations were enacted in 1818 to allow the British establishment to arrest anyone without providing legal assistance in maintaining public order. The Rowlatt Act was introduced in 1919, allowing detention without trial, and the Jallianwala Bagh massacre was a direct result.

Following the Rowlatt Act, Indira Gandhi established the Maintenance of Internal Security Act (MISA) in 1971, which was finally repealed in 1977. In 1980, the National Security Act was enacted.

With contributions from the PTI

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