Varun Gandhi’s detention under the National Security Act, 1980, for his alleged anti-Muslim hate speech by the Mayawati government may have got the BJP to cry foul. But in UP, few voices have been heard when the draconian law has been invoked against lesser-known people away from public glare — by governments headed by BSP, SP and the BJP.

Under the NSA, there is no provision for bail and the detainee can be held up to one year. The state government has to inform an “advisory board” — normally headed by a sitting or retired judge of the High Court — of the reasons behind invoking the Act within three weeks of the day of detention. The board has to evaluate the government’s case, give the detainee an opportunity to be heard and then decide to either uphold or quash the detention. This has to be passed within seven weeks from the date of detention.

Consider these:

• On August 3, 2007, under the current BSP regime, the Mirzapur police arrested and booked forest rights activist Roma under NSA. A leader of the Kaimur Kshetra Mahila Mazdoor Kisan Sangharsh Samiti, Roma was campaigning for the implementation of the recently passed Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. “The police claimed I was misleading farmers when I was only apprising them of their rights,” she said. The state government withdrew the NSA case after seven days.

• Also, under the present BSP regime, a 14-year-old boy was arrested under the Prevention of Cow Slaughter Act and booked under NSA last August to ostensibly “prevent” him from causing communal discord. He’s languishing in a Lucknow jail although the Juvenile Justice Board has declared him a minor and directed that he be moved to an observation home.

... contd.