The Allahabad High Court today set aside a detention order passed against a man under the stringent National Security Act for a Facebook post over Babri Masjid, saying there was a delay in disposing of his representation by the central government.
The court directed authorities to release the detenu forthwith if he is not wanted in any other case.
A bench of Justice Ramesh Sinha and Justice Saroj Yadav passed the order on a habeas corpus petition moved on the behalf of Mohd Faiyyaz Mansoori.
In its order, the bench said, “There was a delay in disposal of the representation of the petitioner by the central government and having regard to the nature of detention and rigor of law, we are of the view that there was disproportionate delay at the end of the central government.”
“On this count alone, the detention order is liable to be quashed,” it said.
A case was registered against the petitioner after he allegedly made a provocative post on Facebook over Babri Masjid.
Sagar Kapoor had lodged a complaint at Mohammadi police station in Lakhimpur Kheri on August 6, 2020, following which an FIR was registered and the petitioner was arrested.
Later, the state government invoked the NSA against him.