'Wholly untenable': SC orders release of law student from preventive detention under NSA

New Delhi: The Supreme Court has ordered immediate release of a law student in Madhya Pradesh from preventive detention after being booked under the National Security Act (NSA), saying it is "wholly untenable".

A bench of Justices Ujjal Bhuyan and K Vinod Chandran, which found fault with the July 11, 2024 detention order passed by District Magistrate of Betul in Madhya Pradesh said it will be passing a detailed reasoned order in the case.

Petitioner Annu was booked by police following an altercation at a university campus in Betul, allegedly after he clashed with a professor.

An FIR was lodged against him for offences of attempt to murder and other connected offences.

While in jail, a detention order under provisions of the NSA was issued against him. This order was later confirmed and extended every three months since then.

"After perusal of the first detention order dated July 11, 2024, we find that the appellant has been taken into preventive detention under Section 3(2) of the National Security Act, 1980.

"However, we are of the view that the reasons for which he has been taken into preventive detention does not satisfy the requirement of Sub Section(2) of Section 3 of the National Security Act, 1980. Preventive detention of the appellant, therefore, becomes wholly untenable," the Supreme Court bench said in its order passed on Friday.

The bench said the preventive detention has also become untenable for other grounds as well, such as representation of the appellant (law student) being decided by the district collector himself, without forwarding it to the state government and also not taken into account the factum of appellant's detention in other criminal cases and as to why he was required to be taken into preventive detention, in spite of being detained in a regular criminal proceeding.

"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 the above, the criminal appeal is disposed of. Reasoned order will follow," the bench said.

It noted that Annu alias Aniket, who was a law student was first taken into preventive detention by order dated July 11, 2024 and this detention order has been extended on four occasions and as per the last extension order, his preventive detention is up to July 12, 2025.

The bench said that according to the material brought on record by the state government, the court finds that nine criminal antecedents, including the present criminal case, have been cited against the law student to justify the preventive detention under provisions of the National Security Act, 1980.

However, his counsel has submitted that out of the previous eight cases, Annu has been acquitted in five cases and in one case, he has been convicted, but sentence is only imposition of fine.

The court was informed that the remaining two cases are presently pending and the law student was on bail in those matters.

The top court also noted that in the present criminal case registered against him last year, he was granted bail on January 28, 2025.

"The scenario, which thus emerges, is that the appellant continues to remain in custody only by virtue of the order of preventive detention. It is averred that the appellant is lodged in Central Jail, Bhopal," the bench noted.

On February 25, the Madhya Pradesh High Court dismissed the habeas corpus petition filed by Annu's father, observing that the petitioner had a long history of criminal cases and was a habitual offender whose presence posed a threat to public peace.

The high court cited the preventive nature of NSA detention and upheld the subjective satisfaction of the district magistrate as sufficient.