The Supreme Court recently dismissed proceedings against Samajwadi Party (SP) leader Yusuf Malik under the National Security Act (NSA) in connection with a land revenue recovery case.
A bench of Justice Sanjay Kishan Kaul and Justice Ahsanuddin Amanullah ruled that the authorities who invoked the NSA in the case had not applied their minds.
“…the exercise of the said Act in respect of the incident is shocking and unsustainable. That such a proposal was made, received the imprimatur of the senior officer(s) and even of the Advisory Board does not reflect well on the manner in which the authorities exercise their mind by invoking the provisions of the said Act. We find no element present in the case for exercise of this power of detention and extension of detention and have no hesitation in quashing the proceedings under the said Act as wholly without any basis. It is a clear case of non-application of mind of all the authorities concerned,” the bench ordered.
As a result, the proceedings against the SP leader were dismissed, and the Registry was directed to notify the Rampur District Jail authorities so that he could be released immediately.
Malik was initially charged with preventing a man from paying land revenue to officials and threatening to seal the residence in question. Two criminal complaints were filed against him, but he was released on bail in both instances.
Following that, the Moradabad Station House Officer (SHO) and Senior Superintendent of Police (SSP) made representations to initiate proceedings against Malik under the NSA. This was in response to allegations that Malik had abused and threatened an Additional Municipal Commissioner, instilling fear and terror in the civic body in question.
On April 24, 2022, the District Magistrate issued an order for his detention and custody under the NSA, which was later approved by the State Advisory Board under the Act.
The detention was later extended because the Allahabad High Court did not rule on Malik’s Habeas Corpus petition in a timely manner.
On January 17, 2023, the state government extended his detention for twelve months from the date of his arrest.
The Supreme Court stated that, ‘obviously,’ there was no practice of revenue officials going from one property to another to recover dues, as was done in Malik’s case.
The Bench emphasized that the NSA was enacted to address challenges in defense, security, public order, and essential community services, not cases like this one.
“A reading of the Act’s statement of object and reasons would show that it was intended to control the anti-social and anti-national elements, including secessionist, communal, and pro-caste elements, that affect the services essential to the community, posing a grave challenge,” the bench added.
