A K Roy vs Union of India - Leading Case Summary
A K Roy vs Union of India - Supreme Court of India - Leading Case Summary :
The case of A.K. Roy vs Union of India [AIR 1982 SC 710] is popularly known as the NSA case or National Security Act Case. In this case Supreme Court by 4:1 majority upheld the constitutional validity of the National Security Act, 1947 and the ordinance which preceded the Act. The Supreme Court held that NSA act was neither vague or arbitrary in its provisions providing for detention of persons on certain grounds, as acting in a manner prejudicial to the 'defence of india', 'security of the India', and to 'relations with foreign power'. While upholding the validity of the NSA and Ordinance preceding it, the Court issued a number of directions with a view to safeguarding the interests of detenues detained under the NSA. The court in this case directed:
1) That immediately after detention his kith and kin must be informed in writing about his detention and his place of detention.
2) the detenue must be detained in a place where he habitually resides unless exceptional circumstances require detention at some other place.
3) That detenue is entitled to his book and writing materials, his own food, visits from friends and relatives.
4) He must be kept separate from those convicted.
5) No treatment of punitive characted should be meted out to him and he should be treated according to the civilised norms of human dignity.
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