SC Refuses To Entertain Plea Seeking Blanket Orders Against Application Of National Security Act

The Supreme Court on Friday disposed off a plea filed by Advocate ML Sharma challenging the imposition of the National Security Act (NSA) in a few states, and the notification empowering Delhi police to detain persons without trial for a period of 12 months.

The bench comprising of Justices Arun Mishra and Indira Banerjee observed that they could not pass general orders against the use of NSA, and granted the petitioner leave to come back if there was a specific case of misuse. The petition was allowed to be withdrawn with liberty to agitate specific cases of violation.

Sharma contested that the Delhi Lieutenant Governor, Anil Baijal's order authorising the capital to come under NSA for 3 months starting from January 19 would be used by the police to detain people who have been peacefully protesting against CAA, NRC, NPR, especially in Shaheen Bagh. Justice Mishra asked whether he had an example of whether any such instance had taken place. "If you can show a specific case, tell us. Then we can look into it... We can't issue a general order saying 'follow the law', can we?"

Justice Mishra went on to question how a petition could ask the court to issue blanket orders asking the government not to detain anyone. It was added that there are law and order issues, especially since damage to property has been witnessed during ongoing protests. Though the Bench refused to entertain this blanket request, Justice Mishra assured that "we can definitely do something if individual cases of misuse of NSA by authorities is brought to our attention."