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SC raps UP for invoking NSA in municipal tax recovery case
The SC bench expressed displeasure at UP government for not withdrawing the NSA charges against Yusuf Malik despite the court’s suggestion on previous hearings
Invocation of the National Security Act (NSA) without substantive grounds leads to allegations of political vendetta, the Supreme Court cautioned the Uttar Pradesh government on Tuesday, as it quashed the NSA charges slapped against Samajwadi Party (SP) leader Yusuf Malik.
A bench headed by justice Sanjay Kishan Kaul ordered the immediate release of Malik from Rampur Jail, pulling up the state government for invoking the NSA against the politician regarding a municipal tax recovery case.
“We are quite amazed at the invocation of NSA for recovery of revenue dues. From the records of the case, we hold that it is clearly a case of non-application of mind. Therefore, we quash the NSA and direct that the petitioner be set at liberty forthwith,” the court said in its order.
The bench, which also included justice Ahsanuddin Amanullah, further directed that the information be sent to the Rampur district judge without delay to ascertain Malik was released from prison immediately.
During the proceedings, the bench expressed displeasure at the state government not withdrawing the NSA charges against Malik despite the court’s suggestion on previous hearings.
“Is it a case of NSA? This is why the allegations of political nature, political vendetta come up. This is why there are allegations against the state,” the bench remarked on Tuesday, as it told the counsel appearing for the Uttar Pradesh government that the state ought to have withdrawn it on its own.
“We cautioned you on previous dates, but you did not withdraw it. We have only quashed the NSA and not said anything more in our order, but this is the precisely why all sorts of political allegations are raised,” it added.
Senior counsel SWA Qadri, representing the SP leader, requested the bench to direct transmission of the court order immediately so that Malik could be released during the day. The bench allowed his plea.
Malik, a close aide of SP leader and former MP Azam Khan, had approached the Supreme Court in January,, complaining that his challenge to the invocation of NSA by the state government in April 2022 was not being heard by the Allahabad high court despite several requests and applications. Malik said three extensions under the NSA have been granted, while the high court was yet to examine the validity of the first prohibitory order.
On January 27, the top court bench noted that it would ordinarily entertain a writ petition against delays in hearing before a high court, “but the facts are quite gross, which persuade us to issue notice.”
The state government filed an affidavit in the matter in February, justifying its action and pointing out that Malik has had another criminal case against him, besides the 2022 case of threatening an additional municipal commissioner over recovery of revenue dues from his son-in-law.
The court, however, remained unimpressed with the state’s response and wondered if a case pertaining to recovery of municipal dues could be a ground to book someone under the serious charges of the NSA, which is supposed to be a preventive law to protect against dangerous offenders.
