LG authorises Delhi Police to exercise preventive detention powers under NSA

In a routine renewal, the Delhi Lieutenant Governor has authorised Delhi Police to exercise preventive detention powers under the National Security Act (NSA), 1980. The notification was issued earlier this month. The police, however, clarified that the move is a routine administrative exercise and not linked to the ongoing CJP-led protests.

“The Lt Governor has extended Delhi Police’s power of preventive detention under the stringent National Security Act (NSA) till October 18, according to an official notification. According to the notification issued on July 15 by the Delhi government’s Home Department, the city police commissioner has been granted the power of detention under Sub Section (2) of Section 3 of the NSA. The power will be valid up to October 18, it said.

The authorisation empowers the Delhi Police Commissioner to issue preventive detention orders under the provisions of the NSA during the specified period.

The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner “prejudicial to the defence of India”. The detention period under the NSA ranges from three to 12 months, though it can be revoked earlier. It can be revoked by the local administration and has to be ratified by a board headed by a former high court judge. Because it is preventive detention and not arrest, there is no legal obligation to present the detainee before a court of law.

In its statement, Delhi Police said, “... it is clarified that the said order is a routine extension/renewal of powers under the NSA, which is issued every three months. “It added that the present renewal had been approved on July 7 for the period between July 19 and October 18, before the CJP protests began. “It is further clarified that no specific request was made in the present context. The renewal is a routine administrative exercise and has been interpreted out of context by certain media reports,” the statement said.