New Delhi: Three judges of the Delhi High Court will review the cases of the National Security Act (NSA) under the recent advisory of the Ministry of Home Affairs. The Act allows a person to be detained for up to one year on suspicion by an investigating agency. Justice Yogesh Khanna has been made the chairman of the advisory committee. Justices Chandradhari Singh and Rajnish Bhatnagar will be the members of the board.
As per the information, the MHA has constituted it under Section 9 of the Act. The NSA was started in 1980 by the late Prime Minister Indira Gandhi. If there is a threat to the law and order situation under any circumstances, the government can detain him for one year under the NSA. The government has the power to detain a person for a period of ten days without informing him of his charge. The NSA empowers the government with these powers.
Now the prisoner can file his petition before the advisory board constituted by the Ministry of Home Affairs. Here he has to present his side. If he needs relief, he will have to argue his case. The government body, which detains any person, will be given three weeks to file an answer as to why it has detained that person.
The Advisory Board shall file its reply after hearing both the parties and going through all the documents presented before it by the Government body. The advisory board will file a reply before the government and it may take another seven weeks.The reply of the Board will decide the validity of the detention.The report of the Advisory Board will then ensure the release of the prisoner, if it comes in its favour. If the board’s report comes in favor of the government, they can continue to keep the person in custody.
In such a situation the prisoner will be kept in jail. The board may take up to six months to file its report. The minimum time to submit the report is three months.