The Gauhati High Court has quashed the National Security Act detention of AIUDF MLA Aminul Islam and ordered his release if he is not wanted in any other case, over six months after he was arrested for his remarks that the attacks in Jammu and Kashmir’s Pahalgam and Pulwama were a “conspiracy” by the BJP government.
In a judgment issued Thursday and released Friday, a Gauhati High Court Bench of Justices Kalyan Rai Surana and Rajesh Mazumdar ruled that Islam’s NSA detention “stands vitiated” due to unexplained delays by authorities in handling his representation against the detention, and because he was not informed of his right to appeal to the Union government until the Union itself reminded the state government.
A lawyer from the team of Santanu Borthakur, Islam’s counsel, said the MLA is expected to be released later on Friday.
The legislator, who represents Assam’s Dhing constituency, was arrested on April 24 for statements he made at a political rally, where he alleged that the April 22 terror attack in Pahalgam was a “conspiracy” by the Union BJP government.
“Back in 2019, when the Pulwama attack killed 42 CRPF jawans, I had said it was a conspiracy by the Centre to polarise the country before the 2019 Lok Sabha elections and demanded an unbiased investigation,” Aminul Islam said.
He also questioned the narrative surrounding the recent Pahalgam attack, claiming, “The BJP has been saying that terrorists asked people whether they were Hindu or Muslim before shooting. But survivors and victims have said no one was questioned, they were simply fired upon from a distance.”
“We suspect that what happened in Pahalgam is a similar conspiracy by the Centre to incite hatred and violence against Muslims across the country for political gain,” the MLA added. Islam received bail in the case on May 14, but was detained under the National Security Act (NSA) the same day.
Islam had been arrested under several charges, including BNS section 152, which deals with “acts endangering the sovereignty, unity and integrity of India,” akin to sedition under the old IPC. He was the first among 58 people arrested across Assam in a state drive to “detain Pakistan supporters” after the Pahalgam attack.
His NSA detention was ordered by the Nagaon Deputy Commissioner, who cited a report from the district Superintendent of Police alleging that Islam was “engaging in activities prejudicial to public order and the security of the state.” Islam filed a representation against the order on May 23, addressed to the Principal Secretary, Home and Political Department, and the NSA Advisory Board. The High Court noted that his representation reached the relevant authorities only on June 4, a 12-day delay.
“The affidavits filed by the District Magistrate and the Joint Secretary do not explain the delay,” the judgment said, noting that the Nagaon jail authorities had forwarded Islam’s representation on May 23 itself.
Citing the Supreme Court’s Constitution Bench ruling in K. M. Abdulla Kunhi vs Union of India, the High Court underlined that although no fixed timeline exists for disposing of such representations, “any unexplained delay” violates constitutional safeguards and renders the detention illegal.
The court also flagged that Islam was informed of his right to make a representation to the Central Government only after 23 days of detention, and only after the Centre reminded the state authorities to do so.
Quoting earlier precedent, the court observed that failure to promptly inform a detainee of this right “vitiates the detention order” even under the NSA.
Emphasising that Islam’s detention could not stand on this ground alone, the court ordered his release and deemed it unnecessary to examine the other issues raised in the petition.
Earlier this month, AIUDF chief Badruddin Ajmal had claimed that Islam’s detention under the NSA was “politically motivated,” saying he would contest the next Assembly elections from jail if not released.
“He has done no offence that merits the NSA. He got bail in weeks, but was then detained under NSA as part of a conspiracy,” Ajmal said.
The National Security Act (NSA), enacted in 1980, allows preventive detention for up to 12 months without formal charges or trial.
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