As CAA & NRC Protests Continue, Delhi Police Can Now Detain Anyone Without Any Charge Under NSA

In a surprise move, Lieutenant Governor Anil Baijal has granted the power of detaining authority to the Delhi Police Commissioner under the National Security Act (NSA).

As per the notification issued on 13 January, NSA will be in place for a period of three months ¡ª between 19 January and 18 April.

In exercise of the powers conferred by sub-section (3) of section 3, read with clause (c) of Section 2 of the National Security Act, 1980, the Lt Governor pleased to direct that during the period January 19 to April 18, the Delhi Police Commissioner may also exercise the powers of detaining authority under sub-section (2) of section 3 of the aforesaid Act, the notification read.

AFP

The National Security Act (1980) is a highly controversial act that provides "for preventive detention in certain cases and for matters connected therewith".

Under NSA, an individual can be detained without a charge for up to 12 months, if the authorities feel that the individual is a threat to the national security, and law and order.

BCCL

A person detained under the NSA can be held for 10 days without being told the charges against them. The detained person can appeal before a high court advisory board but they are not allowed a lawyer during the trial.

Also, the individual can be put under preventive detention for months if authorities are satisfied that he/she is a threat to national security or law and order.

BCCL

It comes at a time when the national capital has been witnessing a number of protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).

However, the Delhi Police said it is a routine order that has been issued in every quarter and has nothing to do with the current situation.

Delhi Police have come under heavy criticism for its high handed action against the CAA NRC protesters.

BCCL

The police have been accused of using excessive force against the anti-CAA protesters in Jamia. Delhi Gate, Seelampur, etc. There are also reports that the Delhi Police are planning to clear the women-led anti-CAA protests in Shaheen Bagh area.

There are also fears that armed with NSA, the Delhi Police could detain prominent faces of the movement including Bhim Army chief Chandrashekhar Azad and former JNU students' leader Kanhaiya Kumar.

AFP

Azad who was arrested by the police on December 20 for allegedly inciting people during an anti-CAA protest at Jama Masjid was granted bail by a Delhi court on Wednesday.