Confusion after L-G order on detentions

nNEWDELHI:AN order from Lieutenant Governor, Anil Baijal conferring powers on the Delhi Police commissioner to be the “detaining authority” under the National Security Act (NSA) for three months, beginning January 19, created a flutter on social media, but the police clarified that this was a “routine order”.

Under this order, the Delhi Police commissioner is equipped with the power to detain for three months any person under the NSA 1980. The latest order issued by the LG on January 10 says that the police commissioner “may exercise the powers of detaining authority under sub section (2) of the section 3” of the act.

“This is a routine order issued quarterly by the LG to the CP, delegating him the powers,” said a senior police officer.

The circulation of the order on social media was followed by many users sharing their apprehension that the order would be misused by the government, particularly ahead of the Delhi Assembly elections on February 8.

But Neeraj Kumar, former Delhi Police commissioner, said that there was “nothing unusual” about it. “This has been in practice since 1980 and it is always the police commissioner who is delegated this power. I remember, as the deputy commissioner of police of south Delhi district, we would detain people under this act,” said Kumar.

He said that the order requires the detainee to be produced before a High Court Advisory Board within 10 days of the detention. “If the board feels that a detention is unfair, the person is immediately released and the police have to answer for it,” said Kumar.

He said that the power is generally used by the police to detain those who can’t be held under IPC. “There are certain actions which do not violate any section of the IPC, but can create trouble or violence,” said Kumar.

For example, Kumar said, if there is a “provocative” speech that can create trouble, but doesn’t violate the penal code, the police use this special power to detain them.