The Supreme Court on Wednesday took strong exception to the use of the National Security Act (NSA) while hearing a matter relating to a Samajwadi Party leader in a revenue dues case.
The apex court quashed proceedings under Rasuka against the SP leader in Uttar Pradesh in a revenue dues case, and pulled up the state for “thoughtlessness” and “improper exercise” of jurisdiction.
A bench of Justices SK Kaul and A Amanullah said the top court is “quite surprised” at the exercise of the power under the NSA in April last year against petitioner Yusuf Malik in connection with an outstanding revenue dispute of a property in Moradabad.
“Is this an NSA issue?” The bench asked the counsel for the state that this is the reason why allegations of political vendetta come to the fore.
“It is a case of lack of application of mind and improper exercise of jurisdiction. We quash the proceedings under NSA and direct that the petitioner be set at liberty,” the bench said on Monday.
It was noted that the petitioner had already been granted bail in two separate FIRs, on the basis of which the police authority had applied for initiation of proceedings against him under NSA.
The top court passed the order while hearing Malik’s plea which claimed that he was implicated in false cases on the basis of fabricated allegations and subsequently a detention order was passed against him by invoking provisions of the NSA. In which the intention was to keep them in captivity. sine die.
The petitioner in the matter was represented by Senior Advocate Wasim A. Qadri, Advocate Saeed Qadri and others.
The petition states that the personal liberty of the petitioner was taken away by the state by “abusing the process of law” and he was falsely implicated in two cases registered in Moradabad in March last year.
It alleged that thereafter, for political reasons, the police recommended initiation of proceedings against him under Section 3(2) of the NSA, without any concrete material and the order of detention dated April 24, 2022, was passed by the District Magistrate. passed.
It said the petitioner has challenged the detention order before the Allahabad High Court, but the petition could not be heard due to “delay” by the authorities and two extension orders of detention were passed by the state even during the pendency of the petition Went. high Court.
The petition states that on March 25, 2022, a notice of attachment was issued by the office of the Tax Department, Municipal Corporation, Moradabad and the same was pasted at the house of a person, who is the father-in-law of the petitioner’s daughter. In which it has been said that till March 31, 2021, the outstanding (house tax and water tax) was Rs 23,04,456.
It said that no prior information informing about the outstanding amount of Rs 23 lakh was received by or from the owner of the house.
The petition states that on March 26 last year, an FIR was registered in connection with the alleged incident on the complaint of the Additional Commissioner, Municipal Corporation, Moradabad, alleging that Malik and others had denied permission to the district revenue officials. Was given The administration should perform its duty of alleged recovery of arrears of land revenue.
The allegation in the FIR was that Malik entered the office of a revenue officer and misbehaved and thereafter called up the complainant and threatened her of dire consequences for sealing the person’s residence, the plea said.
It said another FIR was lodged on March 27 last year on a written complaint by a revenue inspector alleging that he had sealed the person’s residence, but a seal on the gate was found broken.
The petition states that the name of the petitioner is not there in the FIR dated March 27.
It said that subsequently, the Station House Officer of Civil Lines Police Station at Moradabad submitted its report to the SP on April 23, 2022 for initiating proceedings under Section 3(2) of the NSA against the petitioner on the basis of these FIRs.
“The allegations made against the petitioner under Section 3(2) of the National Security Act, 1980 vide preventive detention order dated 24th April, 2022 by the District Magistrate, Moradabad pertain to allegations which do not fall within the definition of acting. from acting in any manner prejudicial to the security of the State or for the maintenance of public order or for the maintenance of supplies and services essential to the community,” the plea said.
It said the detention order and its extension by the state government for a further period of three months is “wholly illegal and not sustainable in the eyes of law” and can be set aside.
(with PTI inputs)