Centre Constitutes Advisory Board Of Three Delhi High Court Judges To Review Cases Registered Under National Security Act

The Central Government has constituted an Advisory Board consisting of three judges of the Delhi High Court to review cases registered under the National Security Act, 1980.

In the gazette notification issued by the Ministry of Home Affairs dated 15th March, 2022, it has been stated that the Advisory Board shall comprise of Justice Yogesh Khanna as the Chairperson whereas the other two members will be Justice Chandra Dhari Singh and Justice Rajnish Bhatnagar.

The Advisory Board has been constituted under sec. 9 of the National Security Act. According to the said provision, the Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards for the purposes of the Act.

Sec. 10 of the Act provides for reference to Advisory Boards which states that in every case where a detention order has been made under the Act, the appropriate Government shall, within three weeks from the date of detention of a person under the order, place before the Advisory Board, the grounds on which the order has been made and the representation, if any, made by the person affected by the order.

Thereafter, sec. 12 states that the Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the appropriate Government or from any person called for the purpose through the appropriate Government or from the person concerned, and if, in any particular case, it considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the appropriate Government within seven weeks from the date of detention of the person concerned.

The Act states that in any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the appropriate Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit.

It further states that where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of a person, the appropriate Government shall revoke the detention order and cause the person concerned to be released forthwith.

The Act specifies that the maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12 shall be twelve months from the date of detention. However, it adds that nothing contained in the said provision shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time.

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