In a significant legal development, the Gauhati High Court has quashed the National Security Act (NSA) detention against All India United Democratic Front (AIUDF) legislator Aminul Islam, ordering his immediate release after six months of incarceration.
Court Cites Procedural Lapses in Detention
The High Court bench comprising Justices Kalyan Rai Surana and Rajesh Mazumdar declared the detention order "vitiated" due to unexplained delays by authorities in handling Islam's representation against his detention and failure to promptly inform him of his legal rights.
The MLA from Assam's Dhing constituency was initially arrested on April 24 for comments made during a political rally where he suggested the April 22 terror attack in Pahalgam was a "conspiracy" by the central BJP government.
Legal Timeline and Bail Complications
Despite securing bail in the original case on May 14, Islam was immediately detained under the NSA the same day based on an order from the Nagaon District Collector. The order cited reports from the District Superintendent of Police claiming the MLA engaged in activities "prejudicial to maintenance of public order and the security of the state."
Islam filed a representation against his NSA detention on May 23, addressing it to the Principal Secretary of Assam's Home and Political Department and the Chairman of the Advisory Board for National Security Act. However, the court noted this representation wasn't forwarded to relevant authorities until June 4 - after a 12-day delay that remained unexplained in affidavits submitted by officials.
Constitutional Violations Found
The judgment heavily referenced Supreme Court precedents, particularly the Constitution Bench ruling in K M Abdulla Kunhi vs Union of India, which emphasizes that unexplained delays in disposing of representations render continued detention "impermissible and illegal."
The court also highlighted that Islam was informed of his right to represent before the Central Government only after 23 days of detention, and that too only after the Centre reminded state authorities. This delay violated the constitutional obligation to afford detainees the earliest opportunity to make representations against detention orders.
Santanu Borthakur, Islam's counsel, confirmed that the MLA is expected to be released later today if not required in any other case.
This case marks a significant development in NSA-related jurisprudence in Assam, where Islam was the first among 58 individuals arrested in a state government campaign targeting "Pakistan supporters" following the Pahalgam terror attack.
