Supreme Court Cancels Sambhal Violence Accused's Detention Under NSA, Fines UP

The Supreme Court on Tuesday cancelled the detention of an accused in the Sambhal violence case by the UP government under the stringent National Security Act (NSA). The Court also ruled that a confession statement cannot be the basis for detaining a person under the NSA.

A bench comprising Justice Dipankar Datta and Justice Sheel Nagu held that the Uttar Pradesh government could not have passed orders for preventive detention based on a confession allegedly made by the accused in police custody.

It has imposed a cost of Rs 10 lakh on the government for passing the illegal detention order.

Mulla Afroz is accused of being the key conspirator behind the violence that erupted in November 2024 during the survey of the Shahi Jama Masjid in UP's Sambhal. Shortly after being granted bail by the Allahabad High Court, he was re-arrested by the UP government in October 2025 under the NSA.

During the hearing, the Court had raised serious questions regarding the UP government's actions.

Defending its action, the UP government argued that Afroz's release posed a significant risk of renewed violence or a breakdown of public order in the area. It termed the preventive detention as necessary to maintain law and order.

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However, the Court had questioned whether a statement made in police custody - which is legally inadmissible in court - could serve as grounds for detention under the NSA.

The court also set aside the Allahabad High Court order that had upheld Afroz's detention under the NSA.

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.

Afroz was arrested around 54 days after the violence during the mosque survey in Sambhal in November 2024, allegedly on the basis of a confession made while in police custody. Although he was granted bail by the Allahabad High Court, a detention order under the NSA was imposed on him on October 13, 2025.

Meanwhile, In a rare and emotional instance, while pronouncing the order, Justice Datta paid tribute to his law clerk, Ritvik Deshwal, who passed away before his 27th birthday.

Justice Datta dedicated the judgment to him.

For the first time in the history of the Supreme Court, a judgment was dedicated to a law clerk who had assisted the bench in the case and had passed away just a few days earlier.

Justice Datta noted that Ritvik had provided significant research assistance during the preparation of this judgment, and the indelible mark of his final work is evident in it. Justice Datta described his passing as creating an "unbearably deep void" in his life.