Invoking the National Security Act in cases of political nature amounts to abuse of the law, the Supreme Court told the Uttar Pradesh government on Tuesday, The Times of India reported.
The authorities use the National Security Act because it allows for long periods of detention without trial and suspends important rights of the accused person, including the right to legal representation and immediate information about the cause of the arrest.
The Supreme Court made the observation while quashing NSA charges against Samajwadi Party leader Yusuf Malik, who was arrested last year for allegedly threatening government officials and preventing them from discharging their duty in a municipal tax recovery case.
A bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah said that invoking NSA in the case reflects “non-application of mind by the authorities and improper procedure”.
The judges added, “We are quite amazed NSA is being invoked in cases for recovery of revenue for property. We quash the proceedings and set him free forthwith.”
Malik, a close aide of Samajwadi Party leader and former MP Azam Khan, had approached the Supreme Court in January. He alleged that his challenge to the invocation of the National Security Act by the state government was not being heard by the Allahabad High Court despite multiple requests and applications, according to the Hindustan Times.
On Tuesday, the judges also expressed their displeasure at the Uttar Pradesh government for not withdrawing NSA charges despite the court’s suggestion in the previous hearing.
“Is it a case of NSA?” the bench asked. “This is why allegations of political nature, political vendetta come up. This is why there are allegations against the state.”
The counsel representing the Uttar Pradesh government urged the bench to not pass any order, arguing that Malik will complete one year in detention on April 23 and cannot be held in custody after that, reported The Times of India.
However, the court dismissed the argument and pointed out that this is an abuse of the law.
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