NEW DELHI, SEPTEMBER 29: The Supreme Court on Tuesday ruled that the confession statement of an accused cannot by itself form the basis for preventive detention under the National Security Act (NSA).
A bench comprising Justices Dipankar Datta and Sheel Nagu quashed the preventive detention order against Mulla Afroz, who had been detained under the NSA in connection with the 2024 communal violence in Uttar Pradesh’s Sambhal.
The Uttar Pradesh Police had invoked the NSA against Afroz in October 2025, alleging his involvement in the violence.
The Supreme Court also imposed a cost of ₹10 lakh on the government, holding the preventive detention order to be illegal.
The detailed judgment is awaited.
The NSA empowers the Central and state governments to order preventive detention of individuals in certain circumstances to prevent acts considered prejudicial to national security, defence or public order. Under the law, detention can extend up to 12 months, subject to the statutory safeguards and review process.
Unlike ordinary criminal arrest, preventive detention under the NSA does not require the detainee to be produced before a court immediately. A detention order is subject to review by an Advisory Board headed by a person who is, or has been, a judge of a High Court.
The case relates to the communal violence that erupted in Sambhal in November 2024 during a court-ordered survey of the Shahi Jama Masjid. The survey followed claims concerning the historical status of the site.
On November 24, 2024, protesters and security personnel clashed during the second round of the survey. Four people were killed and several others were injured in the violence.
