New Delhi: The Supreme Court on Tuesday (September 29) quashed the preventive detention of Mulla Afroz, key accused in the November 2024 Sambhal violence, under the National Security Act (NSA). The apex court also imposed a cost of Rs 10 lakh on the Uttar Pradesh government for issuing what it held to be an illegal detention order.
A bench headed by Justice Dipankar Datta set aside the Allahabad High Court judgment that had upheld Afroz’s detention under the stringent law. Afroz is currently lodged in Moradabad jail. Notably, Afroz is accused of being a key conspirator in the violence.
The Supreme Court held that a preventive detention order under the NSA cannot be sustained solely on the basis of a confession allegedly made by an accused while in police custody. The bench emphasised that authorities must consider other surrounding circumstances before invoking the preventive detention law.
“NSA cannot be legally sustained on the basis of confession statement before police alone.. Other surrounding circumstances have to be considered,” the bench observed.
During the proceedings, the bench raised concerns over relying on a police custody confession, ordinarily inadmissible in court, to justify invoking the NSA. It further clarified that preventive detention is meant to avert potential threats and cannot be used as a means of punishing someone for alleged past crimes.
Afroz moved the Supreme Court after the Allahabad High Court dismissed his plea against the detention order. The Uttar Pradesh government justified its decision, citing his alleged role in the Sambhal violence and concerns that he could pose a further threat to public order.
Afroz, in his petition, accused the police of opening fire during the violence and contended that the angle had not been probed. He also reportedly argued that his arrest was made on a confession made in police custody.
In the earleir hearing, the apex court sought an explanation from the Uttar Pradesh government on whether a preventive detention order under the NSA could be on a confession allegedly given by an individual while in police custody.
On the issue of preventive detention, the Sambhal violence accused had argued that having several criminal cases against a person does not, on its own, justify detention. He asserted that such an order must be based on adequate material and a genuine, well-informed assessment.
The clashes occurred in Sambhal in November 2024 during a court-ordered Archaeological Survey of India (ASI) inspection of the Mughal-era Shahi Jama Masjid. FOllowing the violence the police arrested 79 individuals.