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Gauhati High Court Quashes NSA Detention of Assam MLA Aminul Islam, Orders Release

Judges cited procedural lapses, including delayed action on his representation, as grounds to invalidate the detention.

Overview

  • A division bench of Justices Kalyan Rai Surana and Rajesh Mazumdar set aside the order and directed release if he is not wanted in any other case.
  • The court recorded an unexplained 12-day delay in forwarding his May 23 representation and said he was informed of his right to approach the Centre only after a reminder, 23 days into custody.
  • Islam was arrested on April 24 over remarks about the April 22 Pahalgam attack, granted bail on May 14, and detained under the NSA the same day.
  • After being freed on Friday night, the AIUDF legislator returned to the Assembly, saying he spent 218 days in jail and calling the detention politically motivated.
  • Assam Police cited a circulated video and public-order concerns to justify the case, while AIUDF leaders accused the government of misusing the NSA in a broader post-attack crackdown involving about 58 arrests.