SUPREME COURT QUASHES NSA DETENTION OF LAW STUDENT, CALLS GROUNDS 'WHOLLY UNTENABLE:

The Supreme Court has ordered the release of a 24-year-old law student from Madhya Pradesh who had been held under preventive detention for nearly a year under the National Security Act, 1980 (NSA). A bench comprising Justice Ujjal Bhuyan and Justice Vinod Chandran found the grounds for his detention to be inadequate and legally unsustainable under the provisions of Section 3(2) of the NSA.

Section 3(2) of the Act empowers both central and state governments to order preventive detention of individuals whose actions pose a threat to national security, disrupt public order, or interfere with the supply of essential goods and services. However, the Supreme Court concluded that the reasons cited in this case—primarily related to the disruption of law and order did not meet the threshold required under this section. The bench observed that while the justification for detention was framed around maintaining public peace and order, it merely involved issues of law and order, which do not equate to disturbances of public order within the meaning of the NSA.

The case arose from an altercation on June 14, 2024, at a university campus in Betul, where the petitioner allegedly clashed with a professor. An FIR was registered under various sections, including an attempt to murder. He surrendered two days later, on June 16, and was placed in judicial custody. While still in jail, a preventive detention order was issued on July 11, 2024, by the District Magistrate of Betul, citing concerns over peace and public order. This order was subsequently extended every three months, with the last extension valid until July 12, 2025.

During the proceedings, the state of Madhya Pradesh defended the detention by citing nine criminal antecedents, including the current case, to justify the NSA action. However, the petitioner’s counsel pointed out that in five of those cases, the petitioner had been acquitted, was fined after conviction in one, and had secured bail in the remaining two. Additionally, bail had also been granted in the current case as of January 28, 2025.

The Supreme Court found that the petitioner’s continued custody was solely due to the NSA detention order, and the legal grounds for such detention were lacking. It also criticized the procedural lapses in the handling of the case. Notably, the petitioner’s representation against the detention was decided by the District Collector instead of being forwarded to the State Government for independent consideration, as required under the NSA. Furthermore, the order failed to explain why preventive detention was necessary despite the petitioner already being in regular custody.

The Court emphasized that preventive detention cannot be used as a substitute for ordinary legal processes when an individual is already in custody under standard criminal law. It stated that the detention had become untenable not only due to inadequate grounds but also due to significant procedural violations.

As a result, the Supreme Court ordered the petitioner’s immediate release from Central Jail, Bhopal, provided he was not required in any other ongoing criminal matter. The Court also noted that a detailed reasoned judgment would follow. This decision overturned the Madhya Pradesh High Court’s earlier ruling, which had upheld the detention, citing the petitioner’s alleged habitual criminal behaviour and the District Magistrate’s subjective satisfaction.