The Supreme Court on Tuesday held that an accused person’s confession statement cannot form the basis for preventive detention under the National Security Act (NSA), while setting aside the detention of Mulla Afroz in connection with the 2024 communal violence in Sambhal.
A bench of Justices Dipankar Datta and Sheel Nagu quashed the detention order and imposed costs of Rs 10 lakh on the Uttar Pradesh government for what the court found to be an illegal preventive detention.
Afroz had been detained under the NSA in October 2025 by the Uttar Pradesh Police over his alleged involvement in the violence that broke out in Sambhal in November 2024.
A detailed copy of the Supreme Court judgment is awaited.
Violence During Mosque Survey
The violence took place against the backdrop of a court-ordered survey of the Shahi Jama Masjid in Sambhal. The survey had been directed following claims that a Harihar temple had earlier existed at the site.
On November 24, 2024, during the second round of the survey, protesting locals clashed with security personnel. Four people were killed and dozens were injured.
NSA And Preventive Detention
The National Security Act empowers the Centre and state governments to detain individuals to prevent them from acting in a manner prejudicial to the defence of India.
The maximum period of detention under the law is 12 months, though an order can be revoked earlier. An NSA detention invoked by the local administration is required to be ratified by a board headed by a former high court judge.
Since proceedings under the NSA involve preventive detention rather than an arrest in the ordinary criminal process, there is no legal requirement to produce the detainee before a court.
While pronouncing the judgment, Justice Datta also paid tribute to his law clerk, who died four days before his 27th birthday.
