On Tuesday, the Supreme Court held that an accused person's confession cannot serve as the sole ground for detaining him under the National Security Act (NSA).
A bench comprising Justices Dipankar Datta and Sheel Nagu issued the ruling while setting aside the preventive detention of Mulla Afroz.
The Uttar Pradesh Police had invoked the stringent NSA against Afroz in October 2025 over his alleged involvement in the 2024 communal violence in Sambhal.
The apex court also ordered the government to pay Rs 10 lakh in costs for issuing the unlawful preventive detention order.
While delivering the verdict, Justice Datta also paid homage to his law clerk, who died just four days before turning 27.
A full copy of the detailed judgment is still awaited.
The NSA authorises the Union government and state authorities to detain individuals to prevent actions deemed “prejudicial to the defence of India”.
The maximum duration of such detention is 12 months, although it may be terminated earlier.
The local administration can invoke the NSA, but its application must be approved by a board chaired by a former High Court judge.
Since it constitutes preventive detention rather than an arrest, authorities are not legally required to produce the detainee before a court.
Tensions rose in Sambhal in November 2024 during a court-ordered survey of the Shahi Jama Masjid, initiated after claims that a Harihar temple had once stood at the location.
On November 24, during the second phase of the survey, local protesters confronted security forces, resulting in the deaths of four people and injuries to dozens.
