Gauhati High Court has quashed the detention of All India United Democratic Front (AIUDF) MLA Aminul Islam under the National Security Act (NSA), more than six months after his arrest over statements related to the Pahalgam terror attack, The Indian Express reported on Friday.
A bench comprising Justices Kalyan Rai Surana and Rajesh Mazumdar directed that the Dhing constituency legislator be released if he is not wanted in any other case.
Islam was arrested on April 24 following his remarks that the April 22 attack in Baisaran near Pahalgam, Jammu and Kashmir, which left 26 dead and 17 injured, was a “conspiracy to incite hatred and violence against Muslims” by the BJP-led Union government. Authorities alleged that his statements were “misleading and instigating” and had “the potential to create an adverse situation.”
Initially, Islam faced charges under sections of the Bharatiya Nyaya Sanhita relating to acts endangering India’s sovereignty, unity, and integrity, similar to sedition under the erstwhile Indian Penal Code. He secured bail in the case on May 14 but was immediately detained under the NSA, which allows state or Union governments to detain a person to prevent actions prejudicial to India’s security, public order, or essential services.
The MLA’s detention was based on an order from the Nagaon district commissioner, citing a police report that claimed Islam had engaged in “activities prejudicial to maintenance of public order and the security of the state” and was likely to continue doing so.
Islam filed a representation against the NSA order on May 23, addressed to the principal secretary to the Assam government, the Home and Political Department, and the state Advisory Board for the NSA. The authorities forwarded the representation only on June 4, after the statutory 12-day period had lapsed.
In its judgment on Thursday, the High Court ruled that the NSA detention was vitiated due to the unexplained delay by authorities in processing his representation. The court cited the Supreme Court’s observation in KM Abdulla Kunhi vs Union of India & Others, which stated that although no specific period is prescribed for disposing of a representation, authorities must not display “supine indifference, slackness, or callous attitude,” and any unexplained delay renders detention impermissible and illegal.
The court noted that Islam’s representation had been forwarded by the Nagaon jail superintendent on May 23, but he was informed of his right to represent before the Union government only 23 days after detention. The bench observed, “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 High Court, satisfied that the delay alone invalidated the detention order, directed Islam’s release without examining other points raised during the proceedings.
The April 22 Pahalgam attack, carried out near Baisaran town, targeted tourists based on their religion, killing 26 people, of whom all but three were Hindu. In the aftermath, around 58 individuals, including Islam, were arrested in Assam for allegedly “defending Pakistan on Indian soil.” Chief Minister Himanta Biswa Sarma described those arrested as “anti-nationals” and “traitors.”