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Revamping the National Security Laws of India: Need of the Hour”

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Revamping the National Security Laws of India: Need of the Hour” FINAL REPORT OF MINOR RESEARCH PROJECT “REVAMPING THE NATIONAL SECURITY LAWS OF INDIA: NEED OF THE HOUR” Principal Investigator Mr. Aman Rameshwar Mishra Assistant Professor BVDU, New Law College, Pune SUBMITTED TO UNIVERSITY GRANTS COMMISSION WESTERN REGIONAL OFFICE, GANESHKHIND, PUNE-411007 August, 2017 ACKNOWLEGEMENT “REVAMPING THE NATIONAL SECURITY LAWS OF INDIA: NEED OF THE HOUR” is a non-doctrinal project, conducted to find out the actual implementation of the laws made for the national security. This Minor research project undertaken was indeed a difficult task but it was an endeavour to find out different dimensions in which the national security laws are implemented by the executive branch of the government. At such a juncture, it was necessary to rethink on this much litigated right. Our interest in this area has promoted us to undertake this venture. We are thankful to UGC for giving us this opportunity. We are also thankful Prof. Dr. Mukund Sarda, Dean and Principal for giving his valuable advices and guiding us. Our heartfelt gratitude to Dr. Ujwala Bendale for giving more insight about the subject. We are also thankful to Dr. Jyoti Dharm, Archana Ubhe & Vaibhav Bhagat for assisting us by formatting and typing the work. We are grateful to the faculty of New Law College, Pune for their support and the library staff for cooperating to fulfil this endeavour. We are indebted to our families respectively for their support throughout the completion of this project. Prof. Aman R. Mishra Principle Investigator i CONTENTS Sr No. PARTICULARS Page No. 1. CHAPTER- I 1 -24 INTRODUCTION 2. CHAPTER- II 25-45 CLASH OF TERMINOLOGIES: DEFENDING HUMAN RIGHTS AGAINST NATIONAL SECURITY LAWS IN INDIA 3. CHAPTER- III 46-100 NATIONAL SECURITY LAWS IN INDIA 4. CHAPTER- IV 101-154 JUDICIAL RESPONOSE TO NATIONAL SECURITY LAWS IN INDIA 5. CHAPTER- V 155-178 CONCLUSIONS & SUGGESTIONS 6. BIBLIOGRAPHY 179-191 ii TABLE OF CASES SR. CASES NO. 1. A.D.M. Jabalpur v. Shiv Kant Shukla (AIR 1976 SC 1207) 2. A.K. Roy v. Union of India, [1982] AIR 710 3. Akshoy Kanal v.State of W.B., A.l.R. 1973 S.C. 300 4. Arun Ghosh v. State OF W.B., A.I.R. 1970 S.C. 1228 5. Biram Chand v. State of U.P., A.I.R.1974S.C. 1161 6. Collector of Customs V. Nathella Sampathu Chetty, AIR 1962 SC 316 7. Council of Civil Service Unions v. Minister for the Civil Service [1985] A.C. 374 (H.L.) 394 8. Dattatreya Moreshwar Pangarkar v. State of Bombay, [1952] SCR 612, 626 9. G. Sadanandan v, State of Kerala, A.I.R. 1966 S.C. 10. Govind v. State of Madhya Pradesh & Anr. [1975] 3 SCR 946 11. Haradhan Saha v. The State of West Bengal & Ors. [1975] 1 SCR 778 12. Jayanta Kumar Ghosh v. NIA, [2014] 1 GLT 13. Jibangshu Paul v NIA, [2013] (3) GLT 615 (Guwahati HC) 14. Kangujam Ravi Kumar Singh v. Union of India, MANU/WB/1088/2013 [The High Court of Calcutta] 15. Kartar Singh v. State of Punjab [1994] 3 SCC 569 iii 16. Keshavananda Bharati v. State of Kerala, 1973 (4) SCC 225 17. Kharak Singh v. State of U.P. & Ors. [1964] 1 SCR 18. Kishori Mohan v. State of W.B., A.I.R. 1972 S.C. 1949 19. L.K. Das v. State of Bengal, A.I.R. 1975 S.C. 753 20. Mafatlal Industries v. Union of India, (1997) 5 SCC 536 etc. 21. Maneka Gandhi v. Union of India [1978] A.I.R. 597 22. Manu Bhusan, v. State of W.B., A.l.R. 1973 S.C. 295 23. Mintu Bhakta v. State of W.B., A.I.R. 1972 S.C. 2132 24. Misrilal Jain v. District Magistrate, Kanpur, U.R. (S.C.) 1972 25. Misrilal v. State A.I.R. 1971 Pat. 134 26. Mohammad Ajmal Mohammad Amir Kasab@ Abu Mujahid v. State of Maharashtra, [Crim. Appeal No.1899-1900 of 2011] 27. Mohd. Arif @ Ashfaq v. State of NCT of Delhi, [Crim. Appeal No.98-99 of 2009] 28. Morjain Hussain v. State through NIA, Hyderabad, [Special Sessions Case no.2 of 2013] 29. Munaf v. Geren, 553 U.S. 674 [2008] 30. Naga People’s Movement of Human Rights v. Union of India [1998] 2 SCC 109 31. Nalini and Others v State through Superintendent of Police, CBI/SIT, Death Reference case no 1 of 1998 (@ D.No. 1151 of 1998) 32. NIA v. Sh. Pradip Brahma, [Special NIA Case No. 5 of 2015] 33. NIA, Delhi v. Zia ul-Haque and Others, [Special Case No. 567/2010] 34. NIA, Hyderabad v. Asadullah Akhtar, [Special Sessions Case No.1 of 2015] 35. NIA, Hyderabad v. Devendra Gupta, 2013 SCC Online AP 136 (AP High Court) 36. NIA, Hyderabad v. Muhammad Sakir Hussaien, [Calender Case No.5 of 2014] iv 37. Noor Chand v. State of West Bengal, A.I.R. 1974 S.C. 2120 38. P. Mukherjee v. State of W.B. A.I.R. 1970 SC. 852 39. Pandit M.S.M. Sharma v. Shri Sri Krisna Sinha & Anr. [1959] Supp. ISCR 806 40. People’s Union for Civil Liberties & Anr v. Union of India, [WP 389 of 2002] {(6/12/2003) 41. R v. Khwaja (2010) ONCA 42. R. C. ,Cooper v. Union of India [1973] 3 SCR 530 43. R. v. Farooqi and Others {2011, unreported} 44. R.K. Krishna Kumar v. State of Assam, AIR [1998] SC 530 45. Ratilal Bhanjl Mithani v. Asstt. Collector of Customs, Bombay & Anr. [1967] 3 SCR 926 46. Redaul Hussain Khan & Ors v. State of Assam & Ors. [2009] 3 GLT 855 47. Redaul Hussain Khan v. NIA, [CRL. APPEAL NO. 226 OF 2011] (High Court of Assam) 48. Redaul Hussain Khan v. State of Assam [2009] 3 GLT 855 (Guwahati HC) 49. Sampat Prakash v. State of Jammu & Kashmir [1969] 3 SCR 754 50. Sanjay Dutt v. State (II), (1994) 5 SCC 410 51. Satwant Singh Sawhney v. D. Ramarathnam Assistant Passport Officer, Government of India, New Delhi & Ors. [1967] 3 SCR 525 52. Shambhu Nath Sarkar v. State of West Bengal [1973] 1 S.C.R. 856 53. Srilal Shaw v. State of Bengal A.I.R. 1975 S.C. 393 54. State of Karnataka through NIA v. Shoaib Ahmed Mirza and Others, [Special Case No. 52/2013] 55. State of Kerala through NIA, Ernakulam v. Savad, [Special Case No.1 of 2013] 56. State of Kerala through NIA, Ernakulum v.Abdol Majid Balouch, [Sessions Case No. 1 of 2016] v 57. State of Kerala through NIA, Ernakulum v.Abdul Azeez & Others, [Sessions Case No. 2 of 2013] 58. State of Kerala through NIA, Ernakulum v. P.A. Shaduly, [Sessions Case no.1 of 2011](R.C. No.3/2010/NIA) 59. State of Maharashtra v. Bharat Shanti Lal Shah [2008] 13 SCC 5 60. State of Maharashtra, through NIA v. Ravi Dhiren & Others, [SESSIONS CASE NO.674 OF 2009 (NIA)] 61. State of Nagaland v. Ratan Singh [1966] 3 SCR 830 62. State of Rajasthan v. Union of India, (1978) 1 SCR 1 63. State of Uttar Pradesh v. Raj Narain [1975] A.I.R. 865 64. State through NIA, Delhi v. Phojendra Hojai and Others, [Special Case No.1 of 2009] 65. State through NIA, Delhi v. Samir Mansuri and Others, [ Special Case No.2 of 2015] 66. State through NIA v. Dilbagh Singh & Others, CIA/NDPS/0000039/2014 [Sessions Case No.16/7.4.2014] 67. State through NIA v. Malgonda Patil, [Special Case No. 1 of 2013] 68. State through NIA, Delhi v. Abdul Jaleel, [Sessions Case No. 1 of 2010] (01-10-2013) 69. State through NIA, Delhi v. Ekramul Ansari, [Sessions Case No. 9121/16] 70. State through NIA, Delhi v. Thadiyantevida Naseer, [Sessions Case No. 2 of 2010] (11-08- 2011) 71. State v. Abid Hussain, [RC No.09/2011/NIA/DLI] 72. State v. Mohd Afzal, 107 (2003) DLT 385 73. State v. Navjot Singh Sandhu [2005 (11) SCC 600] 74. Sudhir Kumar v. Police Commr. Calcutta. A.I.R 1970 S.C. 814 75. Sundara Roo v. State of Orissa, A.I.R. 1972S.C. 739 vi 76. Sunil Batra v. Delhi Administration [1980] 3 S CR 557 77. Suresh v. Canada {2002} 1 SCR 3, p-98 78. Sushanta v, State of West Bengal, A.l.R. 1969 SC. 1004 79. The State of Tamil Nadu through Superintendent of Police/ CBI/SIT v. Nalini & 35 others decided on May 11, 1999. 80. Zameer Ahmed Latifur Rehman Shaikh v. State of Maharashtra [2010] 13 SCC 5 vii CHAPTER- I INTRODUCTION 1 REVAMPING THE NATIONAL SECURITY LAWS OF INDIA: NEED OF THE HOUR 1. INTRODUCTION “Law is made not to be broken but to be obeyed and the respect for law is not retained by demonstration of strength but by better appreciation of the reasons, better understanding of its reality and implicit obedience. It goes without saying that the achievements of law in the past are considerable, its protection in the present is imperative and its potential for the future is immense. It is very unfortunate that on account of lack of respect, lack of understanding, lack of effectiveness, lack of vision and lack of proper application in the present day affairs, law sometimes falls in crisis.”1 -S. RATNAVEL PANDIAN, J. in Kartar Singh v. State of Punjab -Terrorism takes birth in the infamous galleries of injustice, grows in the unfortunate corridors of violence, and flourishes in the apologetic lap of State brutality. It proposes to undermine the security of the nation, challenge will of the Government and shake the faith of the people in the establishment.
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