National Seurity ACt..????
Nikhil
(Querist) 16 November 2010
This query is : Resolved
My cousin shathivel whose is A2 in this case has a Fibre fishing boat in pondicherry which is a union territory. His Friend's Devamani A3 and logeh Iyappan A4 adviced the driver kannan A1 to drop some people to srilanka.As shathivel the owner of the boat heard the news he screamed at kannan and did not allow the incident to happen and adviced the driver A1 to go to karaikal which is in east coast 200kms away from pondicherry.But while kannan reached kariakal with the boat the local police seized the boat and arrested the driver, and also arrested shativel A2 and put them under 402.They came out in conditional bail after 11 days in remand.But now the politicans and some of the higher official police people are scaring them that they are going to take this case to the collector and put them against bars under National Security Act and it seems there is no bail for it.What should be done?? thay are illiterate and dont know how to proceed.!!!Please do help by giving some advices!!!
Devajyoti Barman
(Expert) 16 November 2010
No every acts of illegal activities could be brought under National Securities Act. As the police seem to be guided by external factors, lode compliant immediately to the higher authorities and also before the Magistrate that the policemen are demanding undue favour in default of which they threaten to bring false cases.
aman kumar
(Expert) 16 November 2010
National Securities Act.The National Security Act 1980 is an act of the Indian Parliament whose purpose is "to provide for preventive detention in certain cases and for matters connected therewith."[1] The act extends to the whole of India except the State of Jammu and Kashmir. This act empowers the Central Government and State Governments to detain a person to prevent him/her from acting in any manner prejudicial to the security of India, the relations of India with foreign countries, the maintenance of public order, or the maintenance of supplies and services essential to the community it is necessary so to do. The act also gives power to the governments to detain a foreigner in a view to regulate his presence or expel from the country.
[edit]Detention
The period of detention in the first instance shall not exceed three months. The order can also be made by the District Magistrate or a Commissioner of Police under their respective jurisdictions, but should report the fact to the State Government together with the grounds on which the order has been made.No such order shall remain in force for more than twelve days unless in the meantime, it has been approved by the State Government.
[edit]Criticism
The National Security Act along with other laws allowing preventive detention have come under wide criticism for their alleged misuse. The act's constitutional validity even during peacetime has been described by some sections as an anachronism[2].
[edit]References
^ The Gazette of India, 1980-12-27
^ Preventive detention an anachronism
Nikhil
(Querist) 16 November 2010
Thank you Mr Parthasarthy..Can you give me some advice in this matter..!
Sri Vijayan.A
(Expert) 17 November 2010
Mr.Barman is right.
Bcoz, they are released on bail, so they cant be easily come under NSA, hence act as per Mr.Barman
Nikhil
(Querist) 18 November 2010
yes sir's thank you for the advices but it hapen to be too late... the collector signed the order and all of them are ut under bars now...Is there any hope now?!?
