Supreme Court quashes Mulla Afroz’s NSA detention, imposes Rs 10 lakh cost

The Supreme Court quashed Mulla Afroz’s preventive detention under the NSA, ruling that a confession statement cannot by itself form the basis for detention. It also imposed Rs 10 lakh in costs on the Uttar Pradesh government

New Delhi: The Supreme Court on Tuesday ruled that the confession statement of an accused cannot, by itself, form the basis for detaining him under the National Security Act (NSA).

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

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Uttar Pradesh Police invoked the NSA against Mulla Afroz in October 2025 over 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 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 state governments 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 an advisory board headed by a former high court judge. Since it is preventive detention and not an arrest, there is no legal obligation to produce the detainee before a court of law.

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

On November 24, during the second round of the survey, protesting locals clashed with security personnel, resulting in the deaths of four people and injuries to dozens.