The Supreme Court declared the preventive detention of Mulla Afroz, an accused in the 2024 Sambhal violence case, illegal and ordered the Uttar Pradesh government to pay him ₹10 lakh for the loss of liberty suffered. Justices Dipankar Datta and Sheel Nagu noted the State lacked sufficient evidence to justify holding Afroz for nearly a year under the National Security Act (NSA), especially since he had already obtained bail in related criminal cases.
The court emphasized that preventive detention aims to stop activities harmful to public order or security and should not serve as punishment. It found that using the same incident and evidence for both criminal charges and preventive detention made the detention appear punitive rather than preventive.
Regarding Afroz’s alleged confession to police, the Supreme Court stated that a confession made before a police officer, without independent supporting evidence, cannot justify preventive detention. The court reaffirmed an accused’s protection against self-incrimination.
The Bench questioned the 54-day delay in arresting Afroz after the first FIR, despite claims of video and CCTV evidence. It also noted these recordings were not part of the 22 documents relied on by the detaining authority, nor were they provided to Afroz or presented in higher courts.
The ruling highlights the importance of procedural safeguards, individual liberty, and the limits of executive power under preventive detention laws. The Supreme Court reminded the Uttar Pradesh government to adhere to established principles and avoid using the NSA to detain individuals after they have secured bail in criminal proceedings.
