Islam was arrested on April 24 after he alleged that the April 22 attack in Jammu and Kashmir’s Pahalgam was a conspiracy by the Modi government to “incite hatred and violence against Muslims”.
The Gauhati High Court has struck down the National Security Act (NSA) detention of Assam legislator Aminul Islam, saying authorities failed to explain delays in processing his representation against the order, The Indian Express reported on Friday.
A bench of Justices Kalyan Rai Surana and Rajesh Mazumdar ordered the release of the All India United Democratic Front (AIUDF) MLA — who represents Dhing — unless he is required in any other case, according to the report.
Islam was arrested on April 24 after he alleged that the April 22 attack in Jammu and Kashmir’s Pahalgam was a conspiracy by the Bharatiya Janata Party-led federal government to “incite hatred and violence against Muslims”, The Indian Express said. Police accused him of making “misleading and instigating” remarks that could disturb public order.
He was initially charged under provisions of the Bharatiya Nyaya Sanhita, including sections akin to the former sedition law. A local court granted him bail on May 14, but he was detained under the NSA the same day, the paper reported.
The Nagaon district commissioner issued the detention order based on a report from the district police chief alleging Islam’s activities were “prejudicial to maintenance of public order and the security of the state”, according to the report.
Islam submitted a representation challenging the order on May 23. The High Court found that authorities forwarded this representation only on June 4, noting “unexplained delay” and citing Supreme Court precedent requiring timely consideration of such pleas.
“The affidavits filed by the district magistrate and the joint secretary to the Government of Assam… do not attempt to explain the delay,” the court said, according to The Indian Express. The court ruled that this alone was sufficient to invalidate the detention.
The judges also noted that Islam was informed of his right to petition the Union government only 23 days after his detention.
Islam’s arrest came amid a statewide crackdown following the Pahalgam attack, which killed 26 people and injured 17. Police said the attackers targeted tourists after asking their names to determine their religion, with all but three of those killed being Hindu. Assam Chief Minister Himanta Biswa Sarma had described Islam and others arrested after the attack as “anti-nationals” and “traitors”.
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