'Shocking' : Supreme Court On UP Govt Invoking National Security Act In Revenue Recovery Case; Quashes Detention Of SP Leader

A Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah quashed the proceedings initiated under the NSA. It noted that all the authorities involved had failed to apply its mind. It asked the registry of the Apex court to send information to the District Jail Rampur immediately so that Malik can be set at liberty forthwith.

Disappointed by the non-application of mind by the State authorities the Bench felt the need to reiterate the object and reasons of the National Security Act. It noted -

“A reading of the statement of object and reasons of the Act would show that it was to control the anti-social and anti national elements including secessionist, communal and pro- caste elements, that affect the services essential to the community, thereby posing a grave challenge. This was particularly in respect of defence, security, public order and services essential to the community which have resulted in the National Security Ordinance, 1980 being promulgated and the Act was to replace the ordinance.”

There were allegations against Malik, that he had restrained one Jamal Hasan from paying land revenue to the revenue officials and had threatened them for sealing the residence. An FIR was registered in respect of the same. A second FIR was also registered for opening the sealed property. Subsequently, Malik was enlarged on bail in both the cases. Later, on the basis of the two FIRs, the SHO, Moradabad and Senior Superintendent made representations for initiating proceedings against Malik under Section 3(2) of the NSA (Act).

On the allegation that Malik had called the Additional Municipal Commissioner and abused and threatened him, the SSP, Moradabad had recommended the case citing that the incident had created an atmosphere of fear and terror in the Nagar Nigam. Consequently, the District Magistrate passed an order under Section 3(3) for Malik’s detention and custody. Even the UP Advisory Board approved the detention. On 01.06.2022, he was directed to be detained for a period of 3 months. In the interim, by way of another order dated 22.07.2022 the period of detention was extended by another 6 months in exercise of Section 12(1) of the Act. While the matter was pending before the High Court, the State Government granted a third extension on 17.01.2023 for 12 months from the commencement of the actual detention.

The Bench noted that the facts of the case depicts that the revenue officers went to the property of one Hasan to recover their dues. It found it odd that revenue officials were going from one property to the other to recover their dues. The Bench stated that even if it is assumed that the facts as elucidated by the State are correct, the exercise of the National Security Act in respect of a land revenue recovery case is ‘shocking and unsustainable’.

“That such a proposal was made, received the imprimatur of the senior officer(s) and even of the Advisory Board does not reflect well on the manner in which the authorities exercise their mind by invoking the provisions of the said Act.”

[Case Title: Yusuf Malik v. Union of India And Ors. WP(Crl) No. 16/2023]

Citation : 2023 LiveLaw (SC) 301

National Security Act 1980- Supreme Court terms as "shocking and unsustainable" the invocation of NSA in a revenue recovery case- Says NSA is to control the anti-social and anti national elements including secessionist, communal and pro- caste elements, that affect the services essential to the community, thereby posing a grave challenge- Holds that there was no application of mind in ordering the detention of the petitioner under NSA