Home India Government of The National Capital Territory of Delhi Whereas the Lt Governor of the National Capital Territory of...
Date: 2021-01-15 Category: Extra Ordinary State: Union Government Country: India

Whereas the Lt Governor of the National Capital Territory of Delhi is satisfied that it is necessary to do so

Issued by Government of The National Capital Territory of Delhi · Home Department

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Executive Summary & Key Takeaways

Okay, I will analyze the provided policy text and generate a comprehensive report following the specified structure. **Report: Analysis of Notification Regarding Powers of Detaining Authority in Delhi** **1. Executive Summary:** This report analyzes a notification issued by the Lieutenant Governor of the National Capital Territory (NCT) of Delhi regarding the powers of the Commissioner of Police, Delhi. The notification grants the Commissioner of Police the powers of a detaining authority under sub-section 2 of Section 3 of the National Security Act (NSA), 1980, for a specified period. This allows the Commissioner of Police to exercise powers related to preventative detention. The key finding is that this notification temporarily expands the powers of the Commissioner of Police related to national security within Delhi. **2. Introduction:** This report aims to provide an informative overview of a notification issued by the Lieutenant Governor of the NCT of Delhi. The analysis is based solely on the provided text of the notification and seeks to clarify its purpose, key provisions, and potential implications. **3. Policy Overview:** This is a *new* policy instrument (a notification). * **Core Objective(s):** To grant the Commissioner of Police, Delhi, the powers of a detaining authority under the National Security Act (NSA), 1980, for a limited period. This can be inferred to enhance the Delhi Police's ability to maintain national security. **4. Background and Rationale:** This policy likely addresses a perceived need to enhance national security measures within Delhi. The notification states that the Lieutenant Governor is "satisfied that it is necessary to do so." This implies a perceived threat or situation that warrants granting additional powers to the Commissioner of Police to ensure preventative detention capabilities are readily available. This could be in response to specific intelligence, anticipated events, or a general assessment of the security landscape. **5. Key Provisions / Changes:** This is a new policy instrument, so we are detailing the main components, rules, and actions mandated by the entire provided text: * **Grant of Powers:** The core provision is the granting of powers of a "detaining authority" under sub-section 2 of Section 3 of the NSA, 1980, to the Commissioner of Police, Delhi. * **Authority:** The Lieutenant Governor of the NCT of Delhi issues the directive. * **Duration:** The powers are granted for a specific period: from January 19, 2021, to April 18, 2021. * **Legal Basis:** The notification cites sub-section 3 of Section 3, read with clause e of Section 2 of the NSA, 1980, as the legal basis for the action. **6. Target Audience and Stakeholders:** * **Directly Affected:** The Commissioner of Police, Delhi, is directly affected as the recipient of the enhanced powers. Individuals who may be subject to preventative detention under the NSA are also directly affected. * **Other Stakeholders:** The Delhi Police force, the Government of NCT of Delhi, and the citizens of Delhi are stakeholders as the policy affects law enforcement and security within the territory. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Commissioner of Police, Delhi, is the primary responsible authority. The Home Department of the Delhi Government is likely involved in the implementation and oversight. * **Timelines:** The notification specifies a clear start and end date (January 19, 2021, to April 18, 2021) for the period during which the Commissioner of Police can exercise these powers. * **Procedures:** The notification itself does not detail specific procedures for the use of the powers. It can be inferred that the Commissioner of Police and the Delhi Police will operate within the existing framework and guidelines of the NSA, subject to legal and constitutional safeguards. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome is to enhance the ability of the Delhi Police to prevent potential threats to national security within Delhi during the specified period. This could involve detaining individuals suspected of posing a threat before they can carry out any harmful activities. The impact could be a perceived increase in security and a reduction in potential security incidents. However, there could also be concerns about potential misuse of power or infringement of civil liberties, depending on how the powers are exercised. **9. Conclusion:** The notification issued by the Lieutenant Governor of Delhi grants significant powers to the Commissioner of Police related to preventative detention under the National Security Act for a limited time. This action likely reflects a perceived need to bolster security measures within Delhi. It is essential that the implementation of these powers is carried out in accordance with the law and with due regard for the rights and liberties of individuals. The notification represents a potentially significant shift in the balance between security and civil liberties within the NCT of Delhi, warranting careful monitoring and oversight.

Key Entities Referenced

National Capital Territory of Delhi: A union territory and metropolitan region in India. National Security Act, 1980: An Indian law that allows preventive detention in certain cases. Delhi Police Commissioner: The head of the Delhi Police, authorized to exercise powers of detaining authority under the National Security Act, 1980 during the specified period. Mayapuri, New Delhi: Location of the Government of India Press.
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रिज(cid:7021)(cid:7069)ी स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत सर कार GOVERNMENT OF INDIA xxxGIDHxxx एस.जी.-डी.एल.-अ.-16012021-224506 xxxGIDExxx SG-DL-E-16012021-224506 असाधारण EXTRAORDINARY (cid:7079)ािधकार स े (cid:7079)कािशत PUBLISHED BY AUTHORITY स.ं 13] (cid:7408)द(cid:7016)ली, शु(cid:7059)वार, जनवरी 15, 2021/पौष 25, 1942 [रा.रा.रा.(cid:6979).े(cid:7408)द. स.ं 272 No. 13] DELHI, FRIDAY, JANUARY 15, 2021/PAUSHA 25, 1942 [N. C. T. D. No. 272 भाग IV PART IV रा(cid:7398)ीय राजधानी रा(cid:6996)य (cid:6979)(cid:7074)े (cid:7408)द(cid:7016)ली सरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI fnYyh] 11 tuojh] 2021 41-44.— jk’Vªh; jkt/kkuh {k=s fnYyh ds mijkT;iky bl ckr l s larq’V gS fd ,slk djuk vko”;d gS % blfy;]s jk’Vªh; lqj{kk vf/kfu;e 1980 dh /kkjk 2 ds [k.M ¼bZ½ ds lkFk ifBr /kkjk 3 dh mi/kkjk ¼3½ ds }kjk iznÙk “kfDr;ka s dk iz;ksx djrs gq, jk’Vªh; jkt/kkuh {k=s fnYyh ds mijkT;iky ;g funsZ”k nsr s gS fd fnYyh iqfyl vk;qDr Hkh 19/01/2021 to 18/04/2021 rd dh vof/k ds nkSjku mDr vf/kfu;e dh /kkjk 3 dh mi/kkjk ¼2½ dh “kfDr;ks dk iz;kxs fujks/k izkf/kdkjh ds :i esa dj ldr s gS A jk"Vªh; jkt/kkuh {k=s fnYyh ds mijkT;iky ds vkn“s k ls rFkk muds uke ij] ,y-ds- xkSre] mi&lfpo ¼x`g½ 295 DG/2021 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] HOME (POLICE-II) DEPARTMENT NOTIFICATION Delhi, the 11th January, 2021 No. F.2/1/88-HP-II/ Pt.-I/41-44.—Whereas the Lt. Governor of the National Capital Territory of Delhi is satisfied that it is necessary to do so; Now, therefore, in exercise of the powers conferred by sub section (3) of section 3, read with clause (e) of Section 2 of the National Security Act, 1980, the Lt. Governor of the National Capital Territory of Delhi is pleased to direct that during the period 19/01/2021 to 18/04/2021 the Commissioner of Police, Delhi may also exercise the powers of detaining authority under sub section (2) of the section 3 of the aforesaid Act. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, L.K GAUTAM, Dy. Secy. (Home-II) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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