Gauhati High Court quashes NSA detention of AIUDF MLA, orders immediate release

The Gauhati High Court has quashed the National Security Act (NSA) detention of AIUDF MLA Aminul Islam, ordering his immediate release and ruling that the detention order suffered from serious procedural lapses. 

Islam, a three-time legislator from Dhing, had been arrested on April 24 on charges of sedition and making “misleading and instigating” public statements that allegedly had the potential to create unrest.

A division bench comprising Justice Kalyan Rai Surana and Justice Rajesh Mazumdar passed the order on Thursday, allowing a criminal writ petition filed by Islam. The court held that authorities had failed to inform the MLA of his constitutional right to make a representation against the preventive detention order—an omission the bench described as sufficient in itself to invalidate the entire detention process.

According to the court, the detaining authority did not inform Islam that he could submit a representation directly to the authority that issued the order. Furthermore, the bench noted that his right to send a representation to the central government was communicated only after a delay of 23 days, and only after the Centre reminded the Assam government to do so. The judges observed that there was “no explanation” for the time taken by authorities in handling Islam’s representation, further strengthening the case that due process had not been followed.

“In the considered opinion of this court, this lapse on the part of the detaining authority is alone sufficient to vitiate the detention imposed on the petitioner,” the order stated. The bench added that given this violation, it was unnecessary to examine the other grounds raised by the petitioner.

Consequently, the court set aside the detention orders issued on May 14 and June 25 this year and directed that Islam be released immediately unless required in connection with any other case.

Islam was arrested after a video from the panchayat election campaign went viral, in which he appeared to suggest that the terror attacks in Pahalgam and Pulwama were conspiracies aimed at polarising the country communally. The Pahalgam attack earlier this year killed at least 26 people, most of them tourists, while the Pulwama suicide bombing in 2019 claimed the lives of 40 CRPF personnel. Following his remarks, the AIUDF distanced itself from the MLA, clarifying that the statements reflected his personal views.

This is not the first time Islam has faced legal action for controversial remarks. He was arrested in April 2020 for calling COVID-19 quarantine centres and hospitals “worse than detention centres”, a comment that sparked widespread criticism.

With Thursday’s judgment, Islam is set to walk free after spending more than six months in jail, marking a significant setback for the state government’s decision to invoke the NSA in the case.