Supreme Court: Preventive detention cannot rest solely on custodial confession

The case concerns an appeal by Mulla Afroz against his preventive detention under the National Security Act, 1980, challenging whether such detention can be based solely on an extra-judicial confession and whether procedural safeguards were followed.

Who it concerns: Appellant: Mulla Afroz; Respondents: Union of India and others; Bench: Justice Dipankar Datta.

What the court decided

• The Court identified two core issues: whether preventive detention can be based on an extra-judicial confession and whether procedural safeguards under the Constitution and NSA were complied with.
• The Court noted that the appeal would have partly succeeded on technical grounds but decided it on the merits.
• The Court recorded a tribute to a deceased Law Clerk, Ritwik Deswal, who contributed to the judgment.

Also in the document

• The judgment is marked as 'Reportable'.
• The Court explicitly stated it proceeded to decide the appeal on the merits despite concessions made by the respondent's counsel regarding technical grounds.
• The detention order was passed on 13th October 2025, and the High Court dismissed the writ petition on 8th June 2026.