SUPREME COURT SAYS CONFESSION ALONE CANNOT JUSTIFY NSA DETENTION, QUASHES SAMBHAL ACCUSED’S DETENTION
SUPREME COURT SAYS CONFESSION ALONE CANNOT JUSTIFY NSA DETENTION, QUASHES SAMBHAL ACCUSED’S DETENTION
New Delhi, September 29 : In a significant ruling concerning preventive detention, the Supreme Court on Tuesday held that a confessional statement of an accused cannot, by itself, form the basis for detention under the National Security Act (NSA).
The apex court made the observation while quashing the preventive detention of Mulla Afroz, an accused in connection with the November 2024 Sambhal violence. The Court also imposed costs of ₹10 lakh on the Uttar Pradesh government after finding that the power of preventive detention had been illegally exercised.
A Bench comprising Justices Dipankar Datta and Sheel Nagu examined whether preventive detention could be sustained primarily on the basis of a confession attributed to an accused.
The Court held that although an extra-judicial confession may form part of the material considered by a detaining authority, such a statement cannot alone constitute sufficient grounds for preventive detention. Authorities must examine the surrounding circumstances and other relevant material before exercising such extraordinary powers.
The Bench found that the detaining authority in Afroz's case had failed to adequately consider relevant material before issuing the detention order. The Supreme Court consequently set aside the NSA detention order, its subsequent confirmation and the Allahabad High Court judgment that had upheld the detention.
Afroz had been accused by police of being a key conspirator in the violence that erupted in Sambhal in November 2024 following a court-ordered survey of the Shahi Jama Masjid. Four people were killed during the violence.
The ruling underlines the safeguards surrounding preventive detention, which permits authorities to detain a person to prevent anticipated conduct rather than as punishment following conviction for an offence.
The Supreme Court's decision makes clear that the extraordinary power available under the NSA must be exercised on the basis of relevant material and proper application of mind, rather than relying solely on a confessional statement attributed to an accused.
[ Supreme Court, National Security Act, NSA Detention, Mulla Afroz, Sambhal Violence, Preventive Detention ]
#SupremeCourt #NationalSecurityAct #NSADetention #SambhalViolence #IndiaNews #LegalNews
