Supreme Court Quashes NSA Detention of Sambhal Violence Accused, Fines UP Government
The Supreme Court on Tuesday quashed the preventive detention of Mulla Afroz, an accused in the November 2024 Sambhal violence, ruling that the Uttar Pradesh government acted illegally by invoking the National Security Act (NSA) based on a custodial confession. A bench comprising Justice Dipankar Datta and Justice Sheel Nagu set aside the Allahabad High Court order that had previously upheld the detention, imposing a cost of Rs 10 lakh on the state government for the unlawful exercise of power.
According to Verdictum, for Judicial Review of Preventive Detention, The Allahabad High Court upheld the detention finding 'due application of mind' and 'valid and objective material', whereas the Supreme Court set aside the ruling, holding that an inadmissible custodial confession rendered the detention order an illegal exercise of power.
The court assessed ₹10 lakh in costs against the Uttar Pradesh government for unlawful use of preventive detention powers.
Legal Basis for Quashing Detention
The Court held that a confession statement made while in police custody, which is legally inadmissible in court, cannot serve as the foundation for the subjective satisfaction required to invoke the NSA. The bench emphasized that the detaining authorities failed to consider appropriate material, rendering the detention order issued on October 13, 2025, invalid. The state had argued that Afroz's release posed a significant risk of renewed violence or a breakdown of public order, but the Court rejected this justification in the absence of cogent material.
Procedural History of the Case
Mulla Afroz was arrested approximately 54 days after the violence that erupted during a court-ordered survey of the Shahi Jama Masjid in Sambhal, which resulted in four deaths. Although he was granted bail by the Allahabad High Court, he was re-arrested under the NSA shortly thereafter. The petitioner had contended that the police coerced his confession under the threat of a staged encounter and that the investigation into the violence, which involved police firing, was not conducted fairly. Following the rejection of his representations by state and central authorities and the dismissal of his habeas corpus petition by the Allahabad High Court in June 2026, Afroz appealed to the Supreme Court.
According to Verdictum, for Supreme Court of India, Monetary penalties against state authorities for illegal detention remain an extraordinary remedy under public law compensation doctrine, invoked only in cases of manifest executive overreach. According to The Hindu, the Sambhal violence following the mosque survey led to four deaths, scores injured, and seven police FIRs naming hundreds of individuals including local political representatives.
Tribute to Law Clerk
In a rare and emotional conclusion to the proceedings, Justice Dipankar Datta dedicated the judgment to his law clerk, Ritvik Deshwal, who passed away before his 27th birthday. Justice Datta noted that Deshwal had provided significant research assistance during the preparation of the judgment, marking the first time in the history of the Supreme Court that a ruling has been dedicated to a law clerk. The Court's order concludes the current detention challenge, with the state government now liable for the imposed costs.