Supreme Court quashes NSA proceedings against Uttar Pradesh SP leader Yusuf Malik, pulls up State for ‘improper exercise’ of jurisdiction
1 year, 11 months ago

Supreme Court quashes NSA proceedings against Uttar Pradesh SP leader Yusuf Malik, pulls up State for ‘improper exercise’ of jurisdiction

The Hindu  

The Supreme Court has quashed the proceedings under the National Security Act against a Samajwadi Party leader in Uttar Pradesh in a revenue dues matter, and pulled up the State for “non-application of mind” and “improper exercise” of jurisdiction. Kaul and A. Amanullah said the apex court is “quite amazed” with the exercise of power under the NSA in April last year against petitioner Yusuf Malik in respect of a dispute over revenue dues of a property in Moradabad. The plea said personal liberty of the petitioner was taken away by the State by “misusing the process of law” and he was falsely implicated in two cases lodged in Moradabad in March last year. It said the petitioner has challenged the detention order before the Allahabad High Court but the plea could not be heard due to “delay caused” by the authorities and two extension orders of detention have been passed by the state even during the pendency of the petition before the high court. “The allegations against the petitioner in the preventive detention order dated April 24, 2022 passed by the district magistrate, Moradabad, under section 3 of the National Security Act, 1980 pertain to the allegations that do not fall within the definitions of acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community,” the plea said.

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