(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no pe… — ACT 026 OF 1971 : MAINTENANCE OF INTERNAL SECURITY ACT, 1971

[(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.] 1 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 5 (w.e.f. 29-6-1975). 2 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 5 (w.e.f. 29-6-1975). 16. Protection of action taken in good faith . -No suit or other legal proceeding shall lie against the Central Government or a State Government, and no suit, prosecution or other legal proceedings, shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act. 1 [16-A. Special provisions for dealing with emergency . -(1) Notwithstanding anything contained in this Act or any rules of natural justice, the provisions of this section shall have effect during the period of operation of the Proclamation of Emergency issued under clause (1) of Article 352 of the Constitution on the 3rd day of December, 1971, or the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, or a period of 2 [twenty-four months] from the 25th day of June, 1975, whichever period is the shortest. (2) The case of every person (including a foreigner) against whom an order of detention was made under this Act on or after the 25th day of June, 1975, but before the commencement of this section, shall, unless such person is sooner released from detention, be reviewed within fifteen days

2 [(6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.] 1 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 5 (w.e.f. 29-6-1975). 2 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 5 (w.e.f. 29-6-1975). 16. Protection of action taken in good faith . -No suit or other legal proceeding shall lie against the Central Government or a State Government, and no suit, prosecution or other legal proceedings, shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act. 1 [16-A. Special provisions for dealing with emergency . -(1) Notwithstanding anything contained in this Act or any rules of natural justice, the provisions of this section shall have effect during the period of operation of the Proclamation of Emergency issued under clause (1) of Article 352 of the Constitution on the 3rd day of December, 1971, or the Proclamation of Emergency issued under that clause on the 25th day of June, 1975, or a period of 2 [twenty-four months] from the 25th day of June, 1975, whichever period is the shortest. (2) The case of every person (including a foreigner) against whom an order of detention was made under this Act on or after the 25th day of June, 1975, but before the commencement of this section, shall, unless such person is sooner released from detention, be reviewed within fifteen days from such commencement by the appropriate Government for the purpose of determining whether the detention of such person under this Act is necessary for dealing effectively with the emergency in respect of which the Proclamations referred to in sub -section (1) have been issued (hereafter in this section referred to as the emergency) and if, on such review, the appropriate Government is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that Government may make a declaration to that effect and communicate a copy of the declaration to the person concerned. 3 [(2-A) If the State Government makes a declaration under sub-section (2) that the detention of any person in respect of whom a detention order is made by an officer subordinate to that Government is necessary for dealing effectively with the emergency, the State Government shall be deemed to have approved such detention order and the provisions of sub-section (3) of Section 3, in so far as they relate to the approval of the State Government, and of sub-section (4) of that section, shall not apply to such detention order.] (3) When making an order of detention under this Act against any person (including a foreigner) after the commencement of this section, the Central Government or the State Government or, as the case may be, the officer making the order of detention shall consider whether the detention of such person under this Act is necessary for dealing effectively with the emergency and if, on such consideration, the Central Government or the State Government or, as the case may be, the officer is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that Government or officer may make a declaration to that effect and communicate a copy of the declaration to the person concerned: Provided that where such declaration is made by an officer, it shall be reviewed by the State Government to which such officer is subordinate within fifteen days from the date of making of the declaration and such declaration shall cease to have effect unless it is confirmed by the State Government, after such review, within the said period of fifteen days. (4) The question whether the detention of any person in respect of whom a declaration has been made under sub -section (2) or sub-section (3) continues to be necessary for effectively dealing with the emergency shall be reconsidered by the appropriate Government within four months from the date of such declaration and thereafter at intervals not exceeding four months, and if, on such reconsideration, it appears to the appropriate Government that the detention of the person is no longer necessary for effectively dealing with the emergency, that Government may revoke the declaration. 4 [(5) In making any review, consideration or reconsideration under subsection (2), sub-section (3) or sub-section (4), the appropriate Government or officer may act on the basis of the information and materials in its or his possession without communicating or disclosing any such information or materials to the person concerned or affording him any opportunity of making any representation against the making under sub-section (2), or the making or confirming under sub-section (3), or the non-revocation under sub -section (4), of the declaration in respect of him.] (6) In the case of every person detained under a detention order to which the provisions of sub-section (2) apply, being a person the review of whose case is pending under that sub-section or in respect of whom a declaration has been made under that sub -section,- (i) Sections 8 to 12 shall not apply; and (ii) Section 13 shall apply subject to the modification that the words and figures "which has been confirmed under Section 12" shall be omitted . (7) In the case of every person detained under a detention order to which the provisions of sub-section (3) apply, being a person in respect of whom a declaration has been made under that sub -section,(i) Section 3 shall apply subject to the modification that for sub-sections (3) and (4) thereof, the following [* * *] 5 shall be substituted, namely:"(3) When any order of detention is made by a State Government or by an officer subordinate to it, the State Government shall, within 20 days, 6 [report the fact to the Central Government.] 7 [(4) At any time after the receipt of a report under sub-section (3), the Central Government may require the State Government to furnish to the Central Government the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order.]; (ii) Sections 8 to 12 shall not apply; and (iii) Section 13 shall apply subject to the modification that the words and figures "which has been confirmed under Section 12" shall be omitted . 8 [(8) In the case of any person in respect of whom a declaration has been made by a State Government under sub-section (2) or a declaration has been made by a State Government or an officer subordinate to it or confirmed by the State Government under sub-section (3), or a declaration has not been revoked by a State Government under sub-section (4), the Central Government may, whenever it considers it necessary so to do, require the State Government to furnish to the Central Government the information and materials on the basis of which such declaration has been made or confirmed, or not revoked, as the case may be, and such other information and materials as the Central Government may deem necessary. (9) Notwithstanding anything contained in any other law or any rule having the force of law,(a) the grounds on which an order of detention is made or purported to be made under Section 3 against any person in respect of whom a declaration is made under sub -section (2) or sub-section (3) and any information or materials on which such grounds or a declaration under sub -section (2) or a declaration or confirmation under sub-section (3) or the non -revocation under sub -section (4) of a declaration are based, shall be treated as confidential and shall be deemed to refer to matters of a State and to be against the public interest to disclose and save as otherwise provided in this Act, no one shall communicate or disclose any such ground, information or material or any document containing such grounds, information or material; (b) no person against whom an order of detention is made or purported to be made under Section 3 shall be entitled to the communication or disclosure of any such ground, information or material as is referred to in clause (a) or the production to him of any document containing such ground, information or material.] 1 Inserted by MISA Amendment Act, 1975 (39 of 1975), S. 6.

Section 2