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HomeJudiciarySC refuses to entertain plea challenging imposition of NSA amid anti-CAA protests

SC refuses to entertain plea challenging imposition of NSA amid anti-CAA protests

The plea was filed by lawyer M.L. Sharma. The court said it can’t issue a blanket order against the imposition of NSA and asked Sharma to withdraw the plea.

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New Delhi: The Supreme Court Friday refused to entertain a plea challenging the imposition of National Security Act (NSA) in few states as also in the national capital amid anti-CAA protests.

A bench of Justices Arun Mishra and Indira Banerjee said that it cannot pass a blanket order with regard to the imposition of NSA and asked lawyer M L Sharma to withdraw the plea.

It asked Sharma to file a fresh petition or an interim application in pending pleas on the Citizenship Amendment Act (CAA) giving specific details of violations of NSA.

Sharma’s plea said NSA has been imposed to curb and pressure people protesting against the CAA, National Population Register (NPR) and National Register of Indian Citizens (NRIC).

Delhi’s Lieutenant Governor Anil Baijal on January 10 extended detaining powers to Delhi Police under the NSA for a three-month period starting January 19.

This allows police to detain a person for 12 months without trial.

Sharma had made the Ministry of Home Affairs and the governments of Delhi, Uttar Pradesh, Andhra Pradesh and Manipur parties to the plea.

The plea had termed the notification, allowing police to invoke NSA to detain persons, as “unconstitutional” and violative of fundamental rights guaranteed under Article 19 (1) (freedom of speech and expression) and 21 (right to life) of the Constitution.


Also read: In 2020, don’t rely on routine rallies and marches. Modi’s India needs new ways to protest


“The cause of actions arose on January 10, when respondents (states) imposed NSA Act for next three months with effect from January 19 in Delhi as well as in Andhra Pradesh by the state government to arrest and detain…for protests against a person holding office of the prime minister and ministers in the Central government…,” the plea had said.

The plea had sought a direction to quash the notification.

It had also sought a direction that it be declared that the NSA cannot be used against protesters.

The plea had also sought a compensation of Rs 50,00,000 each to those who have been detained so far under the NSA for “mental agony, defamation in society and loss of reputation”.

Protests are taking place at various places in the country against CAA and NPR.


Also read: Supreme Court’s hearing-as-usual approach on CAA shows Indians need to go back to streets


 

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