“Wholly Untenable”: Supreme Court Orders Immediate Release Of Law Student Detained Under NSA

The Bench of Justice Ujjal Bhuyan and Justice K. Vinod Chandran was hearing an appeal against the July 11, 2024, preventive detention order passed by the District Magistrate, Betul (Madhya Pradesh).

The student had been in custody under the NSA, with the order being extended four times, most recently until July 12, 2025.

Appearing for the petitioner, Advocate Animesh Kumar submitted that the appellant had nine criminal antecedents, including the current case.

Of these, he was acquitted in five, convicted with a mere fine in one, and was on bail in two pending cases. In the present FIR (Crime No. 236 of 2024), he had also secured bail on January 28, 2025, yet continued to remain behind bars solely due to the preventive detention order.

The Bench noted that since the appellant was not in custody under any regular criminal proceeding, his continued detention under the NSA was unjustified.

The Court emphasized that the grounds for detention under Section 3(2) of the NSA were not adequately met and directed that a reasoned order would follow.

In a significant observation, the Court also pointed to procedural lapses, including the fact that the representation made by the appellant against his detention was decided by the District Magistrate himself, instead of being forwarded to the State Government for independent consideration.

Moreover, the authorities had failed to provide justification for invoking preventive detention despite the petitioner already being in judicial custody in a criminal case.

“In the facts and circumstances of the case, we direct that the appellant, who is presently lodged in Central Jail, Bhopal, shall be released forthwith from custody, if not required in any other criminal case,” the Court ordered.

The Criminal Appeal was accordingly disposed of, with the Court indicating that a detailed reasoned judgment will follow. "Thus, looking into the facts and circumstances of the case, we direct that the appellant, who is presently lodged in the Central Jail at Bhopal, shall be released forthwith from custody, if not required in any other criminal case. In view of above, the criminal appeal is disposed of. Reasoned order will follow," the Bench said in its order.