In 2024 Sambhal violence case, where four people were killed during a court-ordered survey of Jama Masjid, Supreme Court has held that confession cannot be sole basis for detention under National Security Act [NSA].
A bench of Justices Dipankar Datta and Ahsanuddin Amanullah, while setting aside NSA detention, said reliance solely on confessional statement, without CCTV or independent witness, violates Article 22. The court said NSA is preventive, not punitive, and threshold for "public order" disturbance is high.
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UP Police had detained several accused under NSA, citing their confessions and intelligence that they were planning to indulge in large-scale violence. Court said what is "public order" vs "law and order" distinction must be maintained. Isolated act cannot be stretched to public order.
The order has implications for UP's frequent use of NSA in communal cases. Data shows 60% NSA detentions in UP in last 3 years were quashed by High Court. For police, this is a warning - build evidence, don't rely on confession in custody.
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For Sambhal, where communal tension still simmers, the SC order may cool tempers but also emboldens accused.
Tags: #SambhalViolence #NSA #SupremeCourt #Confession #PreventiveDetention #UPPolice #JamaMasjid #PublicOrder #Article22 #Judiciary