Today, On 27th June, The Supreme Court set aside the preventive detention of a law student from Madhya Pradesh, calling it “wholly untenable.” The bench ordered his immediate release, stating that the grounds for detention did not meet legal requirements.
The Supreme Court ordered the release of Aniket, a 24-year-old law student from Madhya Pradesh, who had been held in preventive detention for nearly a year under the National Security Act, 1980 (NSA).
A Bench comprising Justices Ujjal Bhuyan and K Vinod Chandran found that the detention order, which had been extended four times, failed to meet the statutory requirements outlined in Section 3(2) of the NSA.
The Court deemed the detention to be “wholly untenable” and instructed Aniket’s immediate release from Central Jail, Bhopal.
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Aniket was initially detained on July 11, 2024, by the District Magistrate of Betul. His detention was extended multiple times, with the latest extension set to last until July 12, 2025.
Challenging the Madhya Pradesh High Court’s dismissal of his Habeas Corpus petition on February 25, Aniket approached the Supreme Court. He had been arrested following an incident at a university campus in Betul district on June 14, 2024, where he intervened in what he perceived as inappropriate behavior by a faculty member towards a Scheduled Caste student.
This led to a scuffle, resulting in an FIR against Aniket for attempted murder and other charges. He surrendered on June 16 and was placed in judicial custody.
While incarcerated, a preventive detention order was issued against him under the NSA, which was subsequently confirmed by the State government and renewed every three months.
In his petition, Aniket contended that there was no new evidence to justify his continued detention and that the extension orders merely reiterated earlier reasons without a fresh assessment.
He also noted that he had not applied for bail in his ongoing cases, a key condition for preventive detention when the individual is already in custody, according to Supreme Court precedents.
The State submitted a counter affidavit citing nine prior criminal cases against Aniket, including the current FIR, to validate the detention.
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During the proceedings, Aniket’s counsel pointed out that he had been acquitted in five of the eight previous cases. In one instance, he was convicted but only fined.
The remaining two cases were still in trial, and he had already obtained bail in those. It was emphasized that he had been granted bail in the case related to his detention on January 28 this year.
The Court noted that Aniket was in jail solely due to the preventive detention order, even though he was not being held for any pending case. It observed that the order did not explain why preventive detention was necessary given his existing judicial custody.
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There was no justification provided for the inadequacy of current bail conditions or how his release would threaten public order. Additionally, the detention order was issued by the District Magistrate without the State government’s reference and did not consider Aniket’s status in other cases.
The Court concluded that this oversight was critical to the legality of the detention. It ordered Aniket’s immediate release and indicated that a detailed ruling would be issued soon.
Case Title: Annu @ Aniket through his father as next friend Krupal Singh Thakur vs. Union of India
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