The National Security Act (NSA) or also called Rasuka, has been questioned many times by the state government, especially the Uttar Pradesh government (UP Government). Most of the questions have arisen regarding the process of imposing this law on anyone. Once again, the UP government is under the question of the cause of Rasuka. The English newspaper Indian Express has revealed in a report that in many cases in the state the same Aadhaar has been used for planting rasuka. The court itself has also questioned the ways of using NSA many times.
The newspaper investigated the NSA cases filed in the court and it was revealed that these cases have adopted a special pattern, such as the information of the police in different FIRs being the same, as if it has been cut or pasted or The person whose custody has been ordered has been taken from the District Officer. Not only this, the Allahabad High Court has also questioned the ways of the UP government to implement Rasuka.
According to the report, between January 2018 and December 2020, the Allahabad High Court ruled in 120 Habeas Corpus petitions challenging custody under the NSA. The court released the detained people in 94 cases out of 120 cases and quashed the DM’s orders in the districts. There were cases from 32 districts of the state.
It further stated that Rasuka is the highest in cases of cow slaughter. There have been 41 cases in which the NSA has alleged cow slaughter. In cases reaching the High Court, more than one-third of the cases are of cow slaughter. All the accused in these cases are from the minority community, who were lodged in the FIR on the charge of cow slaughter and detained on the orders of the District Magistrate.
In 30 of these cases, in more than 70 percent of the cases, the High Court reprimanded the UP administration, canceled the NSA and asked for the release of the petitioner.
In only one of the remaining 11 cases, the court kept the accused in custody. In that also, the lower court first and later the High Court gave bail by saying that there is no basis to keep the accused in judicial custody.
In the Indian Express investigation, the major questions raised by the courts and counteracting the NSA’s orders on the allegations of cow slaughter and their response –
– In more than 11 cases of cow slaughter, while passing the order, the court said that “DM did not use brains”.
In 13 custody cases, the court said that the detained person was not given an opportunity to present his case effectively while challenging the NSA.
– In seven cases, the court said that these cases fall under the purview of “law and order” and there is no need to implement NSA.
– In 6 cases, the court found that the detained accused had no criminal background.
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