MHA Creates 3-Judge Panel To Review Cases Under National Security Act

Home Minister Amit Shah. Image used for representational purposes.

(Photo: PTI) 

Three judges of the Delhi High Court will review the cases under the National Security Act as per a recent advisory by the Ministry of Home Affairs.

The Act allows an investigating agency to detain a person 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 panel under Section 9 of the Act. The NSA was passed during the tenure of late Prime Minister Indira Gandhi in 1980.

Role of Advisory Board

If anyone is a threat to the law and order situation under any circumstances, the government can detain them for a year under the NSA. The government also has the power to detain any person for 10 days without telling them what the charge is.

Now, the detainee can move his plea before the newly constituted advisory board of the MHA, in accordance with the specified process.

The government body that detains any person will be given three weeks to respond as to why it had detained the person.

After hearing both sides and going through all the documents submitted before it, the advisory board will file its reply.

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 is in their favour. If not, the government can continue keeping the person detained.

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.

(Edited for language and length.)