Gauhati HC quashes Assam MLA Aminul Islam’s detention under NSA

The Gauhati High Court has quashed the detention of All India United Democratic Front MLA Aminul Islam under the National Security Act more than six months after he was arrested for his statements about the Pahalgam terror attack, The Indian Express reported on Friday.

A bench of Justices Kalyan Rai Surana and Rajesh Mazumdar directed that the legislator, who represents the Dhing constituency in Assam, be released if he is not wanted in any other case.

Islam was arrested on April 24 after he alleged that the attack in Jammu and Kashmir's Pahalgam on April 22 was a “conspiracy to incite hatred and violence against Muslims” by the Bharatiya Janata Party-led Union government.

The authorities had alleged that his statements were “misleading and instigating”. The remarks, which were widely shared online, also had the “potential to create an adverse situation”, the police had claimed.

The AIDUF MLA was arrested under sections of the Bharatiya Nyaya Sanhita, including one pertaining to acts endangering sovereignty, unity and integrity of India, The Indian Express reported. This is similar to the charge of sedition under the erstwhile Indian Penal Code.

Islam received bail in the case on May 14, the newspaper reported. However, he was detained under the National Security Act on the same day.

The Act allows the Union or state government to order the detention of a person “with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations with foreign powers, or the security of India”.

It may also order detention to prevent them from acting in any manner prejudicial “to the security of the state”, the “maintenance of public order” or the “maintenance of supplies and services essential to the community”. The police and district magistrates have the power to issue detention orders, subject to approval by the state government within 12 days.

Islam's detention under the Act was based on an order by the Nagaon district commissioner, citing a report from the superintendent of police that said that the MLA had engaged in “activities prejudicial to maintenance of public order and the security of the state”, The Indian Express reported.

It was also claimed that Islam “was likely to continue engaging in activities prejudicial to public order and the security of the state”.

The legislator filed a representation against this order on May 23, which was addressed to the principal secretary to the state government, the Home and Political Department and to the chairperson of the state Advisory Board for the National Security Act.

This representation was forwarded to the authorities on June 4, after 12 days had lapsed.

In its judgement on Thursday, the High Court ruled that the order to detain Islam under the National Security Act stood vitiated due to an unexplained delay by authorities in dealing with his representation.

“The affidavits filed by the district magistrate and the joint secretary to the Government of Assam, respectively, do not attempt to explain the delay caused in forwarding the representations to the concerned authorities,” the newspaper quoted the High Court as saying.

It also referred to an observation made by the Supreme Court in the KM Abdulla Kunhi vs Union of India & Others case, which said that there was no period prescribed either under the Constitution or under the detention law within which a representation should be dealt with.

“The requirement, however, is that there should not be supine indifference, slackness or callous attitude in considering the representation,” the Supreme Court had said then.

It had added: “Any unexplained delay in the disposal of representation would be a breach of the constitutional imperative, and it would render the continued detention impermissible and illegal.”

The High Court noted that the Nagaon jail superintendent had forwarded Islam's representations on May 23 itself.

It added that the MLA had also been informed of his right to represent before the Union government only 23 days after he was detained.

“In the present case, there is no explanation for the time consumed by any of the authorities while dealing with the representation filed by the petitioner,” The Indian Express quoted the judgement as saying.

Directing that Islam be released, the High Court said that it did not consider it necessary to go into the other points raised during the proceedings as it was “satisfied that for the said one reason alone, the detention order stands vitiated…”

The terror attack at Baisaran near Pahalgam town on April 22 left 26 persons dead and 17 injured. The terrorists targeted tourists after asking their names to ascertain their religion, the police said. All but three of those killed were Hindu.

Following the attack, about 58 persons, including Islam, had been arrested across Assam for “defending Pakistan on Indian soil”. At the time, Chief Minister Himanta Biswa Sarma had described those who had been arrested as “anti-nationals” and “traitors”.

Source: Scroll
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