'Shocking and unsustainable,' SC quashes invocation of NSA against SP leader [Read Order]

NEW DELHI: The Supreme Court has quashed invocation of the National Security Act against Samajwadi Party leader Yusuf Malik in Rampur on charges of preventing revenue officials from collecting revenue and threatening the Additional Municipal Commissioner to kill after using abusive languages.

The top court said the exercise of the National Security Act in respect of the incident showed "non application of mind" and was "shocking and unsustainable".

A bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah ordered immediate release of Malik from the Rampur Jail in the state.

We are quite amazed at the invocation of NSA for recovery of revenue dues. From the records of the case, we hold that it is clearly a case of non-application of mind. Therefore, we quash the NSA and direct that the petitioner be set at liberty forthwith, the court said.

During the proceedings, the bench expressed displeasure at the state government represented by Additional Advocate General Ardhendumauli Kumar Prasad for not withdrawing the NSA against Malik despite the courts suggestion on previous hearings.  

Is it a case of NSA? This is why the allegations of political nature, political vendetta come up. This is why there are allegations against the state, the bench said on as it told the counsel that the state ought to have withdrawn it on its own.  

We cautioned you on previous dates but you did not withdraw it. We have only quashed the NSA and not said anything more in our order but this is the precisely why all sorts of political allegations are raised, it added.  

Senior counsel S Wasim A Qadri, representing the SP leader, requested the bench to direct transmission of the court order immediately so that Malik could be released during the day. The bench allowed his plea.

Malik, a close aide of senior SP leader and former MP Azam Khan, had approached the Supreme Court in January, complaining that his challenge to the invocation of NSA by the state government in April 2022 was not being heard by the Allahabad high court despite several requests and applications. Malik complained that three extensions under the NSA have also been granted while the high court is yet to examine the validity of the first prohibitory order.

On January 27, the bench noted that it would ordinarily entertain a writ petition against delays in hearing before a high court but the facts are quite gross which persuade us to issue notice.

The state government filed its affidavit in the matter in February, justifying its action and pointing out that Malik has had another criminal case against him, besides the 2022 case of threatening an additional municipal commissioner over recovery of revenue dues from his son-in-law.  

The court, however, remained unimpressed with the states response and wondered if a case pertaining to recovery of municipal dues could be a ground to book someone under the serious charges of the NSA, which is supposed to be a preventive law to protect against dangerous offenders.  

"In the factual scenario all that happened was that the revenue officials went to the property to recover their dues. We in fact asked the counsel for the State that whether there is any such practice of the revenue officials going from one property to the other to recover their dues. Obviously, it is not so! The allegation against the petitioner was of endeavoring to obstruct locking of premises. However, what was subsequently added was that on a phone call he threatened the officers," the bench noted.

In the instant case, the court also said the petitioner had already obtained bail in respect of charges levelled against him.

Referring to the NSA, the bench said, "A reading of the statement of object and reasons of the Act would show that it was to control the anti social and anti national elements including secessionist, communal and pro-caste elements, that affect the services essential to the community, thereby posing a grave challenge. This was particularly in respect of defence, security, public order and services essential to the community which have resulted in the National Security Ordinance, 1980 being promulgated and the Act was to replace the ordinance," the bench pointed out.

[Read Order]