case, A.K. Roy v. Union of India (AIR 1982) (NSA case), the Supreme Court discussed whether the provisions of Natural Justice should be applied ... making the Act. So based on this logic the court upheld the NSA Act (1980). The interpretation and scope of Article 21 have evolved through
Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
National Security Act,
1980 (hereinafter referred to as the ' NSA Act '), approved by the State
Government on 19.9.2018 (Annx.R/6), the petitioner ... passing an order
under Sub-section (3) of Section 3 of the NSA Act to detain the
petitioner and to restrain him in any manner
Right to make a representation: Constitutional safeguards and legislative
scheme of the NSA .................................................................................................17
D Analysis .............................................................................................................25
D.1 Delay in considering the representation ... detention dated 11 May 2021 under Section 3(2) of the NSA, for a period of three
months.
1
“NSA”
2
“ IPC ”
3
“ CrPC
under
the provisions of the said Act, the National Security Act,
1980 (NSA) provides for the preventive detention if
parameter enumerated in sub-Section ... Section 3 of the
NSA are attracted. These two Acts have been enacted to
achieve different object and for difference purpose. The
provisions which makes
Section 3 of the National Security Act, 1980 (for short 'the NSA') on being satisfied that the petitioner's detention was necessary ... another representation to the Advisory Board constituted under Section 9 of the NSA. The case of the petitioner, along with his representation was placed before
powers u/S. 3(2) of National Security Act, 1980 (for brevity
NSA) directing detaining of petitioner for a period of three
months.
2. Since ... raising
ground of Secs. 3(2),(4) and 3(5) of the NSA.
2.1 The chronology of events for convenience and ready
reference is detailed
necessary to pass a detention order under Section 3 (2) of the NSA, 1980 to prevent the petitioner from acting in any manner which would ... attract the provisions of Section 3(2) of the NSA, 1980. The second ground of challenge is that the incident which took place
hindrance in the
interpretation of the same.
* Section 3(2) of NSA Act- 'Explanation' -
The explanation does not eclipse the entire
main provision ... namely Section 3(2) of NSA
Act. Indeed, it only takes out the aspect of
blacklisting of certain commodities which are
covered by The Prevention
District Magistrate, Indore by invoking the provisions of
National Security Act, 1980 (NSA Act ) detained the husband of
petitioner namely, Dr. Vinay Shankar Tripathi ... registered and he was arrested, he
cannot be detained under the NSA Act . Reliance is placed on para-48
of Full Bench judgment passed
