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Non-application of mind and improper exercise of jurisdiction: Is this a case for NSA? SC quashes case against UP neta
The top court passed the order while hearing Malik’s plea which claimed that he has been implicated in false cases on the basis of concocted allegations and thereafter, detention order was passed against him by invoking the provisions of the NSA with mala fide intention to keep him incarcerated indefinitely
New Delhi: The Supreme Court has quashed the proceedings under the National Security Act (NSA) against a Samajwadi Party leader in Uttar Pradesh in a revenue dues matter, and pulled up the state for "non-application of mind" and "improper exercise" of jurisdiction.
A bench of Justices S K Kaul and A Amanullah said the apex court is "quite amazed" with the exercise of power under the NSA in April last year against petitioner Yusuf Malik in respect of a dispute over revenue dues of a property in Moradabad. "Is this a case for NSA?," the bench asked the state's counsel while observing that this is why allegations of political vendetta crops up.
"This is a case of non-application of mind and improper exercise of jurisdiction. We quash the proceedings under the NSA and direct that the petitioner be set at liberty," the bench said on Monday, adding that he be released forthwith. It noted that the petitioner was already granted bail in the two separate FIRs, on the basis of which the police authority made an application for initiation of proceedings against him under the NSA.
The top court passed the order while hearing Malik's plea which claimed that he has been implicated in false cases on the basis of concocted allegations and thereafter, detention order was passed against him by invoking the provisions of the NSA with mala fide intention to keep him incarcerated indefinitely.
The petitioner was represented by senior advocate Wasim A Qadri, lawyer Saeed Qadri and others in the matter. The plea said personal liberty of the petitioner was taken away by the State by "misusing the process of law" and he was falsely implicated in two cases lodged in Moradabad in March last year.
It alleged that thereafter, due to political reasons, the police recommended initiating proceedings under section 3(2) of the NSA against him without any cogent material and a detention order dated April 24, 2022 was passed by the district magistrate. It said the petitioner has challenged the detention order before the Allahabad High Court but the plea could not be heard due to "delay caused" by the authorities and two extension orders of detention have been passed by the state even during the pendency of the petition before the high court.
