MOHAMMAD KALAAM AKHTAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The National Security Act, 1980 was enacted considering the prevailing situation of communal disharmony, social tensions, extremist activities, industrial unrest and increasing tendency on the part of various interest parties to engineer agitation on different issues, it was considered necessary that the law and order situation in the country is tackled in a most determined and effective way. The anti social and anti-national elements including sessionist communal and pro-caste elements and also other elements who adversely influence and affect the services essential to the community pose of a grave challenge to the lawful authority and sometimes even hold the society to ransom.

(2.) Considering the complexity and nature of the problems, particularly in respect of defence, security , public order and services essential to the community, it was felt that the administration would be greatly handicapped in dealing effectively with the same, in the absence of powers of peventive detention. The National Security Ordinance, 1980, was, therefore, promulgated by the President on Sept. 22, 1980.

(3.) Thereafter the Ordinance was replaced by a Bill, which was passed by the Parliament.