High Court Quashes NSA Detention for MLA Islam Over Pahalgam Attack Comments

Assam MLA Aminul Islam faced arrest for a statement made on April 24th. He had claimed the terror attack in Pahalgam on April 22nd was a conspiracy by the Central BJP Government.

Guwahati High Court ruling on NSA Detention of Assam MLA Aminul Islam over Pahalgam Attack comments.
AIUDF MLA Aminul Islam, whose NSA Detention has been revoked by the Guwahati High Court. (Photo: PTI)

Relief for the AIUDF MLA

All India United Democratic Front (AIUDF) MLA Aminul Islam was detained under the National Security Act (NSA). The Guwahati High Court has now canceled his detention order. He spent over six months in custody. The court directed his release if he is not wanted in any other case.

Background of the Arrest

Islam is an MLA from Assam’s Dhing constituency. He was arrested on April 24th for comments made at a rally. He stated the April 22nd Pahalgam terror attack was a plot by the Central BJP government. He received bail for this case on May 14th. However, he was held under the National Security Act (NSA) on the very same day.

Guwahati High Court’s Rationale

A bench of Justices Kalyan Rai Surana and Rajesh Majumdar delivered the ruling on Friday, November 28th. The judges declared the order to detain Islam under the NSA was illegal. Authorities showed an unexplained delay in processing his plea against the detention. Furthermore, they did not inform him of his right to represent his case before the Central government. This right was only communicated after the Centre reminded the State.

What Islam’s Lawyer Argued

A lawyer from Islam’s legal team, led by Shantanu Borthakur, spoke on the matter. The lawyer expressed hope the MLA would be released later on Friday. Islam was first arrested on April 24th under BNS Section 152 and other charges. This section deals with acts endangering India’s unity and integrity, similar to sedition under the IPC.

The NSA Detention Order

His NSA detention, post-bail on May 14th, stemmed from a Nagaon DC order. This order cited a Superintendent of Police report. The report claimed Islam was involved in activities harmful to public order and state security. It stated the SP was satisfied that Islam could continue activities detrimental to the state’s security.


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