सुप्रीम कोर्ट ने यूपी सरकार पर 10 लाख की लागत तय, एनएसए हिरासत को कहा 'क़ानूनी नहीं'

India'Illegal exercise of draconian power': SC quashes NSA detention of accused in Sambhal violence case

The top court imposed a high cost of Rs 10 lakh on the Yogi government and said that preventive detention cannot be founded on a confession allegedly made by Afroz while in police custody.

NEW DELHI: In a strong indictment of the Uttar Pradesh government, the Supreme Court in its judgement on Tuesday slammed the Yogi Adityanath government and imposed a high cost of Rs 10 lakh for the illegal NSA detention of Sambhal violence accused Mulla Afroz, after noting that an extra-judicial confession cannot be the sole basis for preventive detention.

The top court imposed a high cost of Rs 10 lakh on the UP government for "illegal exercise of draconian power" on the accused, Afroz.

A two-judge bench of Justices Dipankar Datta and Sheel Nagu passed the verdict and allowed the appeal of Afroz.

"Preventive detention cannot be based on inadmissible custodial confession. Custodial confession can't be the basis for NSA," the bench ruled and termed the action of the Uttar Pradesh government as "unsustainable in law."

While setting aside the Allahabad High Court order which upheld the detention of Afroz under the National Security Act, 1980, the top court bench in its judgement held that preventive detention cannot be founded on a confession allegedly made by Afroz while in police custody. "Such confession is inadmissible and cannot constitute subjective satisfaction," it added.

The bench had earlier, on September 8, reserved the judgement on the appeal filed by Afroz challenging the Allahabad High Court order denying him relief.

It is to be noted that although the Allahabad High Court had granted him bail in the case, the UP administration invoked NSA on October 13, 2025, against Afroz and detained him again. The High Court then refused to interfere, following which he had moved the apex court.

Afroz is alleged to be the mastermind behind the 2024 Sambhal violence that broke out soon after the court-ordered survey of the Shahi Jama Masjid. Four persons were killed during the incident.

Justice Datta, while pronouncing the verdict, paid an emotional tribute and remembered his law clerk who died young before turning 27, and he thereby dedicated the judgment in his memory.

Afroz is facing trial for Sambhal violence that followed the survey of Shahi Jama Masjid, where four deaths occurred. He was picked up after 54 days, allegedly based on his own confession in custody.

In the Supreme Court, Afroz claimed innocence in his appeal and argued that the police firing caused deaths and the investigation was biased.

He further, claiming innocence in the case, argued that the NSA was invoked mechanically without application of mind and merely because several cases were registered. Preventive detention requires live, proximate material and real apprehension of public order breakdown.

On the other hand, the UP government opposed these submissions of Afroz and countered that if released, Afroz would again instigate communal violence and public order would be affected. It claimed material showed likelihood of repetition. On confession, it argued admissibility is to be decided during trial.

Hearing all the submissions of the UP government and Afroz, the Supreme Court disapproved of the approach of the state and quashed the detention and imposed a heavy cost on it for illegal exercise of draconian power.

The New Indian Express

www.newindianexpress.com

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