The Supreme Court, on Tuesday, ruled that a confession statement cannot serve as the sole basis for detaining an individual under the National Security Act (NSA). A bench consisting of Justices Dipankar Datta and Sheel Nagu delivered the judgment, quashing the preventive detention of Mulla Afroz.
Uttar Pradesh Police had invoked the NSA against Afroz in October 2025, alleging his involvement in the communal violence that erupted in Sambhal in 2024. The detention order was later deemed illegal by the court.
In pronouncing its decision, Justice Datta imposed a penalty of Rs 10 lakh on the government for issuing the unlawful preventive detention order. He also paid tribute to his law clerk, who had passed away only four days before his 27th birthday.
The NSA grants the Centre and state governments the authority to detain individuals deemed prejudicial to the defence of India for up to 12 months, with the possibility of earlier revocation. The act requires ratification by a board headed by a former high court judge, and because it is preventive detention rather than arrest, the detainee is not legally required to be presented before a court. The court’s judgment comes against the backdrop of tensions in Sambhal, where a November 2024 court‑ordered survey of the Shahi Jama Masjid led to clashes between protesting locals and security personnel, resulting in four deaths and numerous injuries.
