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Updated on: Wednesday, December 09, 2020, 02:15 PM IST

Allahabad HC quashes detention of man booked under NSA, says state must exercise law with extreme care

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The Allahabad High Court on Monday ordered the release of a person arrested under the National Security Act (NSA). The High Court observed that the law which confers extraordinary power to the state must be exercised with extreme care.

According to a report by the Indian Express, the Allahabad High Court quashed the detention order and directed forthwith release of Javed Siddiqui, who was arrested under the NSA allegedly for triggering violence against Dalits in Jaunpur district early this year.

The court quashed the NSA detention order on a habeas corpus plea by Javed Siddiqui, a leader of the Samajwadi Party from Jaunpur. "It is evident from the record that while extraordinary haste was shown in taking action against the petitioner, the authorities remained reluctant and there was complete inaction on their part causing an unjustified delay in processing the detenue's representation against his detention under the NSA," the bench said in its order.

The bench added that while exercising its power under a stringent law like NSA, the executive authority must show extreme care, which was lacking in the case of detention of Siddiqui.

"Where the law confers extra-ordinary power on the executive to detain a person without recourse to the ordinary law of the land and trial by courts, such a law has to be strictly construed and the executive must exercise the power with extreme care," the bench said.

As per the FIR filed against Siddiqui, a brawl among children took a violent turn followed by communal tension in Bhadethi village of Jaunpur on June 9 this year. In the ensuing violence, over a dozen hutments of Dalits were set ablaze and massive damages were caused to the 14 other houses belonging to the scheduled caste people following a clash between two groups.

An FIR was registered against Javed along with others. In the FIR, Javed Siddiqui was accused of attacking the Bhadethi village slums along with 80 people and indulging in riots and arson there while heaping anti-Dalit abuses on the slum inhabitants.

Siddiqui was arrested later and the Jaunpur district magistrate subsequently on July 10 issued a detention order against him under section 3(2) of the National Security Act. In his habeas corpus plea, Siddiqui contended that he was not given a fair opportunity to present his case before the UP Advisory Board, Lucknow to challenge the detention order. He alleged that neither his representation was placed before the advisory board in time nor he was supplied relevant documents about his detention under the NSA.

(Inputs from PTI)

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Published on: Wednesday, December 09, 2020, 02:15 PM IST
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