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
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
passed u/S.3 of National Security
Act, 1980 (for short "NSA") and also the order dated 8/7/2021
whereby the detention ... exercise of power under sub-section
(2) of Sec.3 of NSA.
04. Shri Manish Dutt, learned Sr.Counsel assisted by Shri Pankaj
Dubey, Advocate
Clause 3 to 7
in the Constitution.
(3) Section 3(3) of NSA Act, 1980 -
Although there is no statutory
requirement of mentioning the
background ... maintenance of
public order".
(5) Section 3(2) and (3) of NSA Act -
The expression "public order" is wide
enough which includes
Advocate General for the
respondent/State.
Law laid down 1) Section 3- NSA Act, 1980- The
facts situation and "pressures ... remaining part is complete and
sufficient to attract section 3 of the
NSA Act. Hence, interference was
declined.
WP No.9785/2021
2
Significant paragraph
explanation' - a citizen can
be detained under the NSA - (i) for
preventing him from acting in any manner
prejudicial to the security ... injection during pandemic era certainly
threatens 'public order', and therefore, NSA
can be invoked.
4. Ordinary Panel Law applicable -
whether NSA
Section 3(2) & (3) of
National Security Act, 1980 (in short NSA Act ).
2) Learned counsel for the petitioner submits that petitioner ... next
contention is that adequate material for invoking Section 3 of
NSA Act were not available with the learned District Magistrate.
Reliance is placed
provisions of
COFEPOSA Act and the PIT NDPS Act and not with
NSA Act . Hence, the said constitution Bench judgment
could not have been relied ... placed by Shri
Dhanodkar, a different statute was subject matter of
interpretation. NSA Act was not the subject matter nor the
judgment of T. Devki
State.
Law laid down 1. Section 3 of National
Security Act, 1980 (NSA Act ) -
Petition under article 226 of the
Constitution of India - Challenge ... Shri Prasad submits that the
National Security Act, 1980 (for short " NSA Act ") empowers
the State Government to detain a person
