The Supreme Court on Friday ordered the release of a law student from Madhya Pradesh who had been taken into preventive detention under the National Security Act (NSA), 1980. The court termed the detention “wholly untenable” and directed his immediate release from Bhopal Central Jail, provided he is not required in any other criminal case.
The law student had been detained by an order on July 11, 2024, issued by the District Magistrate of Betul. The detention order was extended four times, with the latest extension valid until July 12, 2025. The authorities cited nine criminal antecedents, including the present case, to justify the detention under Section 3(2) of the NSA.
However, the appellant’s counsel informed the court that the student had been acquitted in five out of the eight earlier cases, convicted in one where the punishment was limited to a fine and was currently out on bail in the remaining two pending cases.
The apex court took note of multiple lapses in the detention process. It said, “Looking into the facts and circumstances of the case, the court directed the appellant, who is presently lodged in the Central Jail at Bhopal, to be released forthwith from custody, if he is not required in any other criminal case.”
The bench observed that the reasons for the detention did not fulfil the criteria under Sub-Section (2) of Section 3 of the NSA. “Preventive detention of the appellant, therefore, becomes wholly untenable,” the court said.
It further noted procedural lapses, including the District Collector’s failure to forward the student’s representation to the State Government. Additionally, the court pointed out that the authorities had failed to justify why preventive detention was necessary when the appellant was already under custody in connection with a regular criminal proceeding.
The student was granted bail in the ongoing criminal case on January 28, 2025. The court remarked that he remained in custody solely due to the preventive detention order.
The Supreme Court concluded that it would issue a detailed and reasoned order in due course.
– Ends