Supreme Court
Supreme Court

New Delhi: The Supreme Court on Friday turned down a petition by Delhi lawyer Manohar Lal Sharma against Lt Governor Anil Baijal empowering Delhi police commissioner to detain anybody from anywhere in the country up to 12 months under the National Security Act (NSA).

A Bench headed by Justice Arun Mishra rejected his plea for a blanket ban on such a misuse of the NSA and compensation of Rs 50 lakh each to those detained for "mental agony, defamation in society and loss of reputation."

Some states, including Andhra Pradesh, have also invoked NSA to detain a person for three months that can be extended up to a year.

"We agree that the NSA should not be misused, but there cannot be a general command, blanket orders restraining the authorities from invoking NSA against the anti-citizenship amendment act protesters in Delhi," the Court said, asking the petitioners to show the specific instances for issue of any directions.

When Sharma insisted that the peaceful protesters should not be booked under NSA, the Court asked whether the government will not act if a person is involved in violence and say 100 criminal cases.

The court, however, allowed Sharma to file an intervention application in the pending cases challenging the validity of CAA and seek appropriate relief. He had termed the notification allowing police to invoke NSA to detain persons as "unconstitutional" and violative of the fundamental rights.

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Free Press Journal