The Supreme Court on Tuesday quashed the preventive detention of Mulla Afroz, accused of being the mastermind behind the 2024 Sambhal violence, under the National Security Act (NSA) and imposed a cost of Rs 10 lakh on the Uttar Pradesh government for passing what it termed an “illegal preventive detention order”.
A bench comprising Justices Dipankar Datta and Sheel Nagu set aside an Allahabad High Court order that had upheld Afroz’s detention under the NSA.
The Supreme Court held that the Uttar Pradesh government could not have relied on a confession allegedly made by Afroz while he was in police custody to pass the preventive detention order.
The court had reserved its order in the matter on September 8, after questioning the relevance of the alleged custodial confession and whether such a statement could form the basis of the “subjective satisfaction” required for preventive detention.
Afroz was accused in the violence that broke out in Sambhal in November 2024 following a court-ordered survey of the Shahi Jama Masjid. Four people were killed in the violence.
He was arrested around 54 days after the incident, allegedly on the basis of a confession made while he was in police custody.
Afroz was subsequently granted bail by the Allahabad High Court. However, on October 13, 2025, the authorities passed an order detaining him under the National Security Act.
The Allahabad High Court later upheld the detention order, following which Afroz approached the Supreme Court, challenging the decision.
Before the apex court, Afroz contended that his arrest was based on a custodial confession that was inadmissible in law. He also argued that the existence of multiple criminal cases against a person, by itself, could not justify preventive detention.
His counsel submitted that preventive detention required a bona fide and informed “subjective satisfaction” based on sufficient material.
The petitioner further argued that the mere possibility of a person becoming involved in criminal activity again, without cogent material supporting such an apprehension, could not be a ground for preventive detention.
Afroz also alleged that police personnel had themselves opened fire during the Sambhal violence and claimed that this aspect had not been fairly investigated.
He sought liberty to file a protest petition in relation to the alleged police firing.
The Uttar Pradesh government defended the detention order before the Supreme Court, contending that there was a likelihood of Afroz causing violence or affecting public order.
The state argued that material demonstrating such a likelihood was sufficient to justify preventive detention under the NSA.
On the alleged custodial confession, the Uttar Pradesh government submitted that questions concerning whether the confession was relevant or irrelevant should be examined in the appropriate legal proceedings.
The Supreme Court, however, set aside the detention order and the Allahabad High Court’s decision upholding it while imposing a cost of Rs 10 lakh on the Uttar Pradesh government.
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