Delhi Police clarifies NSA powers extension amid CJP protest: What it means

Amid the ongoing agitation by the Cockroach Janata Party (CJP) demanding the resignation of Union Education Minister Dharmendra Pradhan over alleged exam irregularities, an order by the Lt Governor of Delhi extending the city police’s power under the Police's power of preventive detention under the stringent National Security Act (NSA) till October 18 has created a buzz with a section of media reports allegedly claiming that the move is aimed at quelling the movement.

However, the Delhi Police has refuted the reports, stating that it is a "routine extension" of the power which has been "interpreted out of context" in the reports.

NSA order sparks buzz

The development assumes significance as, 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.

Also Read: Why CJI’s dismissal of CJP protest crackdown plea exposes gaps in suo motu rules

The provisions of the NSA empower both the Centre and the state governments to detain individuals with a view to preventing them from acting in a manner "prejudicial to the defence of India".

What the law allows

Under the law, a person can be held in preventive detention for a period ranging from three months to a maximum of 12 months, although the detention may be revoked before the expiry of the term.

Also Read: Has CJP protest revealed a chink in BJP’s armour? | Talking Sense With Srini

Such an order can be withdrawn by the local administration, while its continuation is subject to ratification by an advisory board headed by a former high court judge.

Since the law deals with preventive detention and not a formal arrest, the authorities are not under any legal obligation to produce the detainee before a court of law.

Police rejects reports

Responding to the reports, the 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 latest renewal had been approved on July 7 for the period between July 19 and October 18, much before the CJP agitation began.

Also Read: 'Don't waste our time,' says CJI as SC declines urgent listing on CJP protest plea

"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," it added.

Routine since 1980s

Meanwhile, a Delhi government official said the authority to invoke preventive detention under the NSA has been extended as a matter of routine at the end of every quarter.

According to the officer, the power has remained delegated in this manner since the 1980s. (With agency inputs)