New Delhi: The three judges of the Delhi High Court will review the cases of National Security Act under a recent advisory of the Ministry of Home Affairs.
The Act allows to detain a person by an investigating agency for up to one year on the basis of suspicion.
Justice Yogesh Khanna has been made the chairman of the advisory panel. Justice Chandra Dhari Singh and Rajnish Bhatnagar will be the members of the board.
According to information, the MHA constituted this under section 9 of the Act. The NSA was launched by the late Prime Minister Indira Gandhi in 1980.
If anyone is a threat to the law and order situation under any circumstances, the government can detain him for a year under the NSA. The government has the power to detain any person for ten days without telling the person his charge. NSA empowers government with these powers.
Now the detainee can move his plea before the constituted advisory board of the MHA. Here he will have to represent his case himself. He will have to argue his own case if he needs relief.
The government body which will detain any person, shall be given three weeks time to file reply as to why it detained the person.
The advisory board will, after hearing both the sides, and going through all the documents submitted before it by the government body, will file its reply. The advisory board will file the reply before the government and it can take up to seven weeks further.
The reply of the board will determine the legality of the detention.
The advisory board’s report will ensure the release of the detainee, if it comes in his favour. If the board’s report comes in favour of the government, it can continue keeping the person in detention.
The detainee will be lodged in jail. The board can take up to six months to file its report. The minimum time to submit the report is three months.