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
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
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
