Why No NSA was Never Invoked Against a Gangster “Vikas Dubey” in UP where police and Yogi Sarkar are famous for arresting people and invoking NSA?

On April 3, 2020, Uttar Pradesh Chief Minister Yogi Adityanath invoked the National Security Law (NSA) against six Tablighi Jamaat people for allegedly misbehaving with MMG District Hospital staff.

Yogi Adityanath said in one of his statements that the defendants did not obey the law and declared them the “enemy of humanity.”

If Yogi Sarkar invoked the NSA against 6 Tablighi Jamaat members for misbehaving in the hospital, then why was the NSA never invoked against gangster Vikas Dubey despite having 60 pending cases on his name?

On July 2, eight police officers were murdered after Vikas and his men allegedly began firing on the police force who went to his village to arrest him.

 What is NSA?

NSA is the National Security Act, which is a strict law that allows for preventive detention for months if the authorities are convinced that a person is a threat to national security or to law and order.

In popular phraseology, the NSA is known as a law in which there is ” no appeal, no daleel, no vakil,” ( no appeal, no argument, no lawyer). The Law, whose stated purpose is” to provide preventive detention in certain cases and for matters related to this, “entered into force on September 23, 1980.

Central and state governments are empowered to detain a person to prevent them from acting in a manner detrimental to India’s security, India’s relations with foreign countries, the maintenance of law and order, or the maintenance of essential supplies and services to the community.

The maximum period of detention is 12 months. The order may also be made by the district magistrate or a police commissioner under their respective jurisdictions, but the arrest must be reported to the state government along with the reasons for the order.

In other words, according to this Act, a person can be detained for up to 10 days without being informed of the reasons for the arrest. The government may withhold information supporting the detention in “public interest.”

A detained person is not allowed to question his accusers or the evidence supporting his detention. He will also not allowed an attorney in this period. A three-person advisory board made up of high court judges or persons qualified to be superior court judges determines the legitimacy of any order issued for more than three months. If approved, a person can be held extrajudicially for up to 12 months.

Successive governments have made free use of the NSA and at any time, Uttar Pradesh is generally among the top five states in terms of the numbers arrested under it.

The Uttar Pradesh Government, headed by Chief Minister Yogi Adityanath, has ordered strict action under the powerful National Security Act (NSA) against those who attack police personnel anywhere in the state. 

The decision comes after incidents in which police personnel is thwarted by people who were violating guidelines issued amid the 21-day coronavirus lockdown.

“The police perform their duties by restricting people’s access to the restricted area in the lockdown. There have been some incidents in the state, in which the police were attacked. In order to deter these people, it was decided to invoke the National Security Agency to these people,” a senior official from the Ministry of the Home said.

Uttar Pradesh Chief Minister Yogi Adityanath also took the flogging action and ordered invoked by the National Security Agency (NSA) against the perpetrators who arson to the Dalit houses in Jaunpur, Uttar Pradesh.

The incident where a dozen Dalit houses were burned down by a crowd. This started with a small problem between groups belonging to youth from two communities. It became a huge controversy and a fight between the Jaunpur villagers and a group set fire to the 12 Dalit houses.

CM Yogi Adityanath took note of this incident and ordered strict action against those responsible for this. Invocation of NSA and gangster act against all accused, he said.

Wangkhem’s other case: On November 20, 2018, two years ago, Wangkhem was arrested on sedition charges for allegedly uploading videos on Facebook critical of Chief Minister Biren Singh. The videos described Singh as a Modi “puppet” to celebrate the anniversary of Rani Laxmibai’s birth. He was released six days later, only to be sent to prison under the NSA a day later.

He stated: The government must know that it cannot misuse its power and violate the basic principles of the Constitution.

 Criticism is salubrious for democracy; it is needed for national development. So, the government should have the tolerance to listen to criticism and analyze its mistakes. I will continue to express my personal opinions dauntlessly on social media platforms.

In such cases, we can clearly understand that the government invokes NSA and police can file FIR against anyone, but no one ever registered FIR or invoked NSA against gangsters like Vikas Dubey.

In the 2020 year, the NSA has been invoked in 120 cases of which 63 were related to cow slaughter, 3 crimes against women, and 13 other heinous crimes, said Awanish Awasthi, additional chief secretary cum principal secretary of Uttar Pradesh.

If Yogi Sarkar took significant steps in all serious matters, then why did Yogi Sarkar never take any action against Vikas Dubey, who committed many crimes?