Detention under NSA can't be based on confession statement of accused: SC

The Supreme Court on Tuesday ruled that the confession statement of an accused cannot be the basis for detaining him under the National Security Act.

A bench of Justices Dipankar Datta and Sheel Nagu delivered the judgment while quashing the preventive detention of Mulla Afroz.

Uttar Pradesh Police invoked the strict National Security Act (NSA) against Mulla Afroz in October 2025 for his alleged role in the 2024 communal violence in Sambhal.

The top court imposed a cost of Rs 10 lakh on the government for passing the illegal preventive detention order.

While pronouncing the judgment, Justice Datta also paid tribute to his law clerk, who passed away four days before his 27th birthday.

A copy of the detailed judgment is awaited.

The NSA empowers the Centre and states to detain individuals to prevent them from acting in a manner "prejudicial to the defence of India". The maximum detention period is 12 months, though it can be revoked earlier.

The NSA can be invoked by the local administration and has to be ratified by a board headed by a former high court judge. Because it is preventive detention and not arrest, there is no legal obligation to present the detainee before a court of law.

Tension brewed in Sambhal in November 2024, when a court-ordered survey of the Shahi Jama Masjid there was being carried out following claims that a Harihar temple previously existed at the site.

On November 24, during a second round of the survey, protesting locals clashed with security personnel, which led to the death of four people and injuries to dozens.