The Indian Supreme Court orders the release of a 24-year-old law student from Madhya Pradesh who was detained for nearly a year under the National Security Act, 1980 (NSA). The Court found the preventive detention to be unreasonable and contrary to the legal provisions of the Act.
The judgment was delivered by a bench of Justices Ujjwal Bhuyan and Vinod Chandran, who held that the grounds stated for the student’s detention did not meet the requirements of Section 3(2) of the NSA.
"The reasons for which he has been taken into preventive custody do not satisfy the requirement of sub-section (2) of Section 3 of the National Security Act, 1980. Therefore, the preventive detention of the appellant is totally unacceptable," the court said.
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The student was arrested on June 14, 2024, following a dispute involving a professor at a university campus in Betul. An FIR was lodged for attempt to murder and other charges and the student surrendered two days later, on June 16, following which he was sent to judicial custody. However, while he was still in custody, a preventive detention order was issued against him on July 11, 2024, by the District Magistrate of Betul, citing the need to maintain law and order. The order was extended every three months, with the last extension set to expire on July 12, 2025.
During the hearing, Justice Bhuyan remarked:
"At the most, these are all law and order issues. 'Public order' is a much bigger thing."
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The state of Madhya Pradesh in its reply cited nine criminal antecedents, including the present case, to justify detention under the NSA. However, the student's counsel clarified that out of the previous eight cases, he was acquitted in five, fined in one and released on bail in two. In the present case, he was granted bail on January 28, 2025.
The Supreme Court also noted procedural lapses in the preventive detention process. The student's representation was decided by the district collector instead of being sent to the state government.
"Moreover, the preventive detention has also become untenable on other grounds such as the District Collector himself deciding the representation of the appellant, without referring it to the State Government and also not taking into account the fact of the appellant's detention in other criminal cases and also not explaining why he should be kept in preventive detention despite being detained in regular criminal proceedings," the court said.
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Based on these findings, the court ordered the immediate release of the student from Central Jail, Bhopal, if he is not required in any other pending criminal case. The bench also mentioned that a detailed reasoned order would be passed.
Earlier, the Madhya Pradesh High Court had dismissed the habeas corpus petition filed by the student's father. The High Court had upheld the detention under the NSA citing the criminal history of the petitioner and terming him a habitual offender. It said that preventive detention served retributive and precautionary purpose and noted compliance with procedural rules under Sections 3(5), 8 and 10 of the NSA.
However, the Supreme Court disagreed with the High Court's interpretation and said the detention lacked legal and procedural justification.
Case Title – Annu @ Aniket Through His Father As Next Friend Krupal Singh Thakur v. Union of India
Case No. – SLP (Crl) No. 9285/2025
