14. Revocation of detention orders.—
(1) Without prejudice to the provisions of section 21 of the
General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified,—
(a) notwithstanding that the order has been made by an officer mentioned in sub-section
(3) of
section 3, by the State Government to which that officer is subordinate or by the Central Government;
(b) notwithstanding that the order has been made by a State Government, by the Central
Government.
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(2) The expiry or revocation of a detention order (hereafter in this sub-section referred to as the
earlier detention order) shall not [whether such earlier detention order has been made before or after the
commencement of the National Security (Second Amendment) Act, 1984 (60 of 1984)] bar the making of
another detention order (hereafter in this sub-section referred to as the subsequent detention order) under
section 3 against the same person:
1. Subs. by Act 60 of 1984, s. 3, for sub-section
(2) (w.e.f. 21-6-1984).
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Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier
detention order made against such person, the maximum period for which such person may be detained in
pursuance of the subsequent detention order shall, in no case, extend beyond the expiry of a period of
twelve months from the date of detention under the earlier detention order.]
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[14A. Circumstances in which persons may be detained for periods longer than three months
without obtaining the opinion of Advisory Boards.—
(1) Nothwithstanding anything contained in the
foregoing provisions of this Act, or in any judgment, decree or order of any court or other authority, any
person in respect of whom an order of detention has been made under this Act at any time before the2[8th
day of June, 1989] may be detained without obtaining the opinion of the Advisory Board for a period
longer than three months, but not exceeding six months, from the date of his detention where such person
had been detained with a view to preventing him, in any disturbed area—
(i) from interfering with the efforts of Government in coping with the terrorist and disruptive
activities; and
(ii) from acting in any manner prejudicial to—
(a) the defence of India; or
(b) the security of India; or
(c) the security of the State; or
(d) the maintenance of public order; or
(e) the maintenance of supplies and services essential to the community.
Explanation 1.—The provisions of the Explanation to sub-section
(2) of section 3 shall apply for the
purposes of this sub-section as they apply for the purposes of that sub-section.
Explanation 2.—In this sub-section, “disturbed area” means any area which is for the time being
declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983 (32 of 1983), or under
section 3 of the Chandigarh Disturbed Areas Act, 1983 (33 of 1983), to be a disturbed area.
Explanation 3.—In this sub-section, “terrorist and disruptive activities” means “terrorist acts” and
“disruptive activities” within the meaning of the Terrorist and Disruptive Activities (Prevention)
Ordinance, 1987 (Ord. 2 of 1987).
(2) In the case of any person to whom sub-section
(1) applies, sections 3, 8 and 10 to 14 shall have
effect subject to the following modifications, namely:—
(a) in section 3,—
(i) in sub-section
(4), in the proviso,—
(A) for the words “ten days”, the words “fifteen days” shall be substituted;
(B) for the words “fifteen days” the words “twenty days” shall be substituted;
(ii) in sub-section
(5), for the words “seven days”, the words “fifteen days” shall be
substituted;
(b) in section 8, in sub-section
(1), for the words “ten days”, the words “fifteen days” shall be
substituted;
(c) in section 10, for the words “shall, within three weeks”, the words “shall, within four months
and two weeks” shall be substituted;
(d) in section 11,—
(i) in sub-section
(1), for the words “seven weeks”, the words “five months and three weeks”
shall be substituted;
1. Ins. by Act 27 of 1987, s. 3 (w.e.f. 9-6-1987) earlier section 14A was inserted vide the National Security (Amendment) Act,
1984 (24 of 1984), s. 5 and subsequently the said section was repealed by the National Security (Amendment) Act, 1987 (27 of
1987), s. 4.
2. Subs. by Act 43 of 1988, s. 2, for “8th day of June, 1988” (w.e.f. 26-5-1988).
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(ii) in sub-section
(2), for the words “detention of the person concerned”, the words
“continued detention of the person concerned” shall be substituted;
(e) in section 12, for the words “for the detention”, at both the places where they occur, the words
“for the continued detention” shall be substituted;
(f) in section 13, for the words “twelve months”, the words “two years” shall be substituted:
(g) in section 14, in the proviso to sub-section
(2), for the words “twelve months” the words “two
years” shall be substituted.]
15. Temporary release of persons detained.—
(1) The appropriate Government may, at any time,
direct that any person detained in pursuance of a detention order may be released for any specified period
either without conditions or upon such conditions specified in the direction as that person accepts, and
may, at any time, cancel his release.
(2) In directing the release of any person under sub-section
(1), the appropriate Government may
require him to enter into a bond with or without sureties for the due observance of the conditions specified
in the direction.
(3) Any person released under sub-section
(1) shall surrender himself at the time and place, and to the
authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any person fails without sufficient cause to surrender himself in the manner specified in
sub-section
(3), he shall be punishable with imprisonment for a term which may extend to two years, or
with fine, or with both.
(5) If any person released under sub-section
(1) fails to fulfil any of the conditions imposed upon him
under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited
and any person bound thereby shall be liable to pay the penalty thereof.
16. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the
Central Government or a State Government, and no suit, prosecution or other legal proceeding shall lie
against any person, for anything in good faith done or intended to be done in pursuance of this Act.
17. Act not to have effect with respect to detentions under State laws.—
(1) Nothing in this Act
shall apply or have any effect with respect to orders of detention, made under any State law, which are in
force immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980), and
accordingly every person in respect of whom an order of detention made under any State law is in force
immediately before such commencement, shall be governed with respect to such detention by the
provisions of such State law or where the State law under which such order of detention is made is an
Ordinance (hereinafter referred to as the State Ordinance) promulgated by the Governor of that State and
the State Ordinance has been replaced—
(i) before such commencement, by an enactment passed by the Legislature of that State, by such
enactment; or
(ii) after such commencement, by an enactment which is passed by the Legislature of that State
and the application of which is confined to orders of detention made before such commencement
under the State Ordinance, by such enactment,
as if this Act had not been enacted.
(2) Nothing in this section shall be deemed to bar the making under section 3, of a detention order
against any person referred to in sub-section
(1) after the detention order in force in respect of him as
aforesaid immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980),
ceases to have effect for any reason whatsoever.
Explanation.—For the purposes of this section, “State law” means any law providing for preventive
detention on all or any of the grounds on which an order of detention may be made under sub-section
(2)
of section 3 and in force in any State immediately before the commencement of the said Ordinance.
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18. Repeal and saving.—
(1) The National Security Ordinance, 1980 (11 of 1980), is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be
deemed to have been done or taken under the corresponding provisions of this Act, as if this Act had
come into force on the 23rd day of September, 1980, and, in particular, any reference made under section
10 of the said Ordinance and pending before any Advisory Board immediately before the date on which
this Act receives the assent of the President may continue to be dealt with by that Board after that date as
if such Board had been constituted under section 9 of this Act.
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