New Delhi, March 19
The Union Ministry of Home Affairs (MHA) has issued a notification for setting up of an advisory board consisting of three judges of the Delhi High Court to review cases registered under the stringent National Security Act (NSA), which allows police to appoint a person Allows one person to hand over. , Allows the person to be taken into custody. years without chargesheet.
Confirming the development, MHA officials said that as per law such an advisory board is constituted under Section 9 of the NSA, 1980.
constituted under section 9 of the security act
- An Advisory Board has been constituted under Section 9 of the National Security Act, 1980
- Justice Yogesh Khanna will be the chairman of the advisory board, while Justice Chandradhari Singh and Justice Rajnish Bhatnagar will be the members of the high-powered advisory board.
- The prisoner can appeal for relief only before the advisory board, but counsel will not be allowed during the hearing.
The officials, citing an official notification, said that Justice Yogesh Khanna will be the chairman of the advisory board, while Justice Chandradhari Singh and Justice Rajnish Bhatnagar will be the members of the high-powered advisory board.
Under the said law, the government is empowered to detain any person deemed to be a threat to national security or prevent public order from being disturbed. It provides that a person can be detained without charge sheet for 12 months and the detained person can be detained for 10 days without charge sheet.
The prisoner can appeal for relief only before the advisory board, but counsel will not be allowed during the hearing. In the case of every NSA detainee, the Government concerned shall, within three weeks from the date of detention, place before the Advisory Board the grounds on which the order has been made and the representations, if any, made by the detainee.
The Advisory Board, after considering the material placed before it and hearing the detainee, shall submit its report to the Government within seven weeks from the date of detention of the person concerned.
The Board’s report will clarify whether there are sufficient reasons for the detention. In cases where the Advisory Board has reported that, in its opinion, there is sufficient cause for the detention of the person concerned, the Government may confirm the detention order and continue the detention for such period as it may deem fit. .
In cases where the Board has reported that there is no sufficient cause for detention, the Government shall set aside the detention order and the detainee shall be released forthwith.