Detention Under NSA Can't Be Based on Confession Statement of Accused: SC
The court quashed Mulla Afroz’s detention and said a confession alone cannot justify preventive detention under the National Security Act.
- On Tuesday, the Supreme Court ruled that a confession statement alone cannot justify detention under the National Security Act , establishing a new evidentiary threshold for preventive custody.
- Uttar Pradesh Police invoked the NSA against Mulla Afroz in October 2025, citing his alleged role in 2024 communal violence in Sambhal during a survey of the Shahi Jama Masjid.
- Quashing the detention, Justices Dipankar Datta and Sheel Nagu imposed a cost of Rs 10 lakh on the government for passing the illegal preventive detention order.
- The NSA empowers the Centre and states to detain individuals to prevent acts "prejudicial to the defence of India," with a maximum detention period of 12 months.
- While pronouncing the order, Justice Datta paid tribute to his law clerk, who passed away before his 27th birthday, dedicating the judgment to him.
12 Articles
12 Articles
The Economic Times
Detention under NSA can't be based on confession statement of accused: SC
The Supreme Court ruled that a confession cannot be used for detention under the National Security Act. This decision quashed the preventive detention of Mulla Afroz by the Uttar Pradesh Police. The court imposed a cost of Rs 10 lakh on the government for the illegal detention order. The National Security Act allows for preventive detention without a legal obligation to present the detainee before a court.
The Supreme Court has imposed a cost of ₹10 lakh on the Uttar Pradesh government for the preventive detention of Mullah Afroz in the Sambhal violence case. The court stated that preventive detention cannot be ordered based on a confession made by an accused in custody.
SC Scraps NSA Detention Of Sambhal Violence Accused, Imposes Rs 10 Lakh Fine On UP
New Delhi: The Supreme Court on Tuesday struck down the preventive detention of Sambhal violence accused Mulla Afroz under the National Security Act (NSA) and directed the Uttar Pradesh government to pay Rs 10 lakh in costs, sharply criticising the state for what it called an unlawful use of a harsh preventive-detention law. A bench comprising Justice Dipankar Datta…
Sambhal Violence Case: The Supreme Court has granted a major relief to Mullah Afroz, the alleged mastermind of the Sambhal violence case. The court has revoked Afroz's detention under the National Security Act, 1980. It has also imposed a fine of ₹1 million on the Uttar Pradesh government. The Supreme Court has also quashed the Allahabad High […]
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