Gauhati High Court Quashes Preventive Detention Order Against Aminul Islam

Detention Order Invalidated Due to Procedural Lapses and Violation of Constitutional Rights

The Gauhati High Court, in a significant judgment delivered on November 27, 2025, quashed the preventive detention order against Aminul Islam, citing multiple procedural lapses and violations of constitutional safeguards. The bench comprising Justices Kalyan Rai Surana and Rajesh Mazumdar found that the detention order issued under the National Security Act, 1980, was vitiated due to the failure of the authorities to inform the detenue about his rights as mandated by the Constitution of India.

Aminul Islam was initially detained on May 14, 2025, by an order from the District Magistrate of Nagaon, under the provisions of the National Security Act. The order came in the wake of Islam's statements alleging conspiracies by the Central Government, which were perceived as threats to national security. However, the court found that Islam was not informed of his right to make a representation to the detaining authority, a fundamental right enshrined under Article 22(5) of the Constitution.

The court noted that the delay of 23 days in informing Islam about his right to represent to the Central Government and unexplained delays in handling his representations further rendered the detention order invalid. The bench emphasized that such procedural lapses violate the constitutional guarantee provided to every citizen, thus invalidating the detention order.

The judgment also highlighted the procedural errors in the detention order, such as typographical errors and the issuance of a corrigendum after significant delays, which further undermined the legality of the detention. The court underscored the importance of adhering to the procedural rigors when exercising powers of preventive detention, as such powers have the potential to impinge on an individual's liberty.

In its order, the Gauhati High Court directed that Aminul Islam be released forthwith, unless required in any other case. The ruling sets a precedent on the necessity of strict compliance with constitutional and procedural safeguards in matters of preventive detention.

Bottom Line:

Preventive detention under the National Security Act, 1980 - Detention order vitiated due to failure to inform the detenue about the right to make a representation to the detaining authority and delay in informing about the right to represent before the Central Government.

Statutory provision(s): Constitution of India, 1950 Article 22(5), National Security Act, 1980 Section 3(2), Constitution of India, 1950 Article 226

Aminul Islam v. Union of India, (Gauhati)(DB) : Law Finder Doc Id # 2813830