The Supreme Court has quashed the proceedings against Samajwadi Party leader Yusuf Malik, who was arrested under the National Security Act (NSA) in a matter related to revenue dues of a property located in Moradabad.
The Bench of Justice S.K. Kaul and Justice A. Amanullah, while ordering immediate release of Malik, asked the Counsel appearing for the State, whether this was a fit case under NSA.
The Apex Court, while stating that it was ‘quite amazed’ with the State exercising its power under the NSA against Malik in a revenue dues matter, observed on Monday that this was a case of ‘non-application’ of mind and ‘improper exercise’ of jurisdiction. It further noted that this was the reason why the allegations of political vendetta were cropping up.
The top court of the country took in view the fact that the petitioner was already granted bail in two separate FIRs, on the basis of which the police authority made an application for initiation of proceedings against him under the NSA.
Malik had claimed in his petition that he was implicated in false cases on the basis of concocted allegations in March 2022. A detention order was passed against the SP leader in April 2022 by invoking the provisions of NSA with mala fide intention to keep him incarcerated indefinitely, noted the plea.
Senior Advocate Wasim A Qadri, along with lawyer Saeed Qadri and others, appeared for Malik in the case.
They contended that the personal liberty of the petitioner was taken away by the State by ‘misusing’ the process of law.
They said due to political reasons, 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.
The petitioner said he had challenged the detention order before the Allahabad High Court but the plea could not be heard due to a delay ‘caused’ by the authorities and two extension orders of detention have been passed by the state even during the pendency of petition before the High Court.
As per Malik, a notice of attachment was issued by the Office of Tax Department, Nagar Nigam, Moradabad on March 25, 2022. It was pasted on the house of his daughter’s father-in-law, stating that dues (house tax and water tax) amounting to Rs 23,04,456 were pending till March 31, 2021.
The petition said no prior notice informing about the dues amounting to Rs 23 lakh had ever been communicated to or received by the owner of the house.
An FIR was registered on March 26 last year on the complaint of the Additional Commissioner, Municipal Corporation, Moradabad with respect to the incident, wherein it was alleged that Malik and others did not allow the Revenue officials of the district administration to do their duty of alleged collection of due land revenue, noted the plea.
It said the FIR alleged that Malik had entered the office of a revenue officer and misbehaved with him. Thereafter, he made a call to the complainant and threatened him with dire consequences for having sealed the residence of the person.
On March 27 last year, another FIR was registered against Malik on the written complaint of a Revenue Inspector alleging that he had sealed the residence of a person, but one of the seals at the gate were found broken. The petition contended that the March 27 FIR did not name the petitioner.
It said the station house officer of civil lines police station in Moradabad submitted his report to the SP on April 23, 2022 for initiating proceedings against the petitioner under Section 3(2) of the NSA based on these FIRs.
The petition contended that the allegations against the petitioner in the preventive detention order dated April 24, 2022 passed by the District Magistrate, Moradabad, under Section 3(2) of the National Security Act, 1980 pertained to the allegations that did not fall within the definitions of acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community.
The detention order and its extension for a further period of three months by the state government were ‘wholly’ illegal and ‘not sustained’ in the eye of law” and therefore, liable to be set aside, it added.