National Security Act, 1980 (Print on Demand)

The law on preventive detention in India has gone through several vicissitudes since 1950, culminating in several statutes, the most important being the National Security Act, 1980.

This book is a section-wise commentary on the Act. A very thorough and in-depth study of the provisions of the Act has been made and the commentary is replete with the decisions of the Supreme Court. The Supreme Court has all along zealously safeguarded the rights of the individual against the State without sacrificing the larger interests of the society when incarceration was necessary.

State Amendments have been given and also the earlier statutes on preventive detention included in the appendices.

Reviews

The author has succeeded in this explosive area of the law in writing a text that is accurate and concise and that contains all the important authorities on the subject. Full treatment is given to the relevant provisions of the statute, the rules of procedure and the case-law of Supreme Court and High Courts. All cases decided under the previous statutes except when repugnant to the statutory provisions of N.S.A., have been placed in this section-wise treatment of the National Security Act, 1980. There is little question that the subject of this book is important and timely.

- Kerala Law Times

The learned author has in the section-wise commentary on the Act, referred to decided cases under various statutes dealing with preventive detention. Earlier statutes have been included in the Appendices. The author deals with the subject in a lucid and clear manner. The get up is excellent. The book will be found useful not only by members of the Bench and Bars but by the detaining authorities as well.

- Current Indian Statutes

Table of Contents:

• TABLE OF CASES
• Short Title and extent 3
• Definitions 10
• Power to make orders detaining certain persons11
• STATE AMENDMENTS
• Punjab and Chandigarh 12, 13
• Execution of detention orders 42
• Power to regulate place and condition of detention 45
• Grounds of detention severable 45
• Detention orders not to be invalid or inopertive on certain grounds 46
• Powers in relation to absconding persons 47
• Grounds of order of detention to be disclosed to persons affected
• by the order 50
• STATE AMENDMENTS
• Punjab and Chandigarh 51
• Constitution of Advisory Boards 78
• Reference to Advisory Boards 78
• STATE AMENDMENTS
• Punjab and Chandigarh 79
• Procedure of Advisory Boards 79
• STATE AMENDMENTS
• Punjab and Chandigarh 79
• Action upon the report of the Advisory Board 87
• STATE AMENDMENTS
• Punjab and Chandigarh 87
• Maximum period of detention 88
• STATE AMENDMENTS
• Punjab and Chandigarh 88
• Revocation of detention orders 89
• STATE AMENDMENTS
• Punjab and Chandigarh 90
• Circumstances in which persons may be detained for periods longer
• than three months without obtaining the opinion of Advisory Boards 95
• Temporary release of persons detained 97
• Protection of action taken in good faith 98
• Act not to have effect with respect to detentions under State laws 99
• Repeal and saving 99
• APPENDICES
• Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances
• Act, 1988 101
• Conservation of Foreign Exchange and Prevention of Smuggling
• Activities Act, 1974 110
• Prevention of Blackmarketing and Maintenance of Supplies of
• Essential Commodities Act, 1980 121
• Smugglers and Foreign Exchange Manipulators (Forfeiture of Property)
• Act, 1976 128
• Preventive Detention Act, 1950 140
• West Bengal Prevention of Violent Activities Act, 1970 146
• Maintenance of Internal Security Act, 1971 151
• SUBJECT INDEX?162