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
National Security Act, 1980 (hereinafter referred to as '' NSA Act '). Contention of the learned counsel for the petitioner is that the impugned ... Officer, P.S. Kotwali Dehat, District Hardoi for invoking the provisions of NSA Act on the ground that the petitioner, who was in custody
dated 22.05.2021 under Section 3(2) of the National
Security Act, 1980 (NSA Act ).
02. In short, the case of the detenu is that ... communication dated 20.05.2021 recommended for detention of
detenu by invoking the NSA Act . In turn, the respondent No.2 by
order dated 22.05.2021 (Annexure
