SC Turns Down Preventive Detention Of MP Law Student, Calls Order “Wholly Untenable”

The Supreme Court on Friday, set aside the preventive detention of Aniket, a Madhya Pradesh law student held under the National Security Act since July 2024, terming the order “wholly untenable” and directing his immediate release from Bhopal Central Jail.

Key Findings Of The Court

Procedural Lapses: The bench of Justices Ujjal Bhuyan and K Vinod Chandran noted the District Magistrate’s detention order (July 11, 2024) and its four extensions failed to meet statutory requirements under Section 3(2) of the NSA.

No Fresh Grounds: The extensions merely reiterated earlier grounds without independent application of mind, violating precedents.

Custody Status Ignored: The authorities did not explain why preventive detention was necessary when Aniket was already in judicial custody for an altercation case (June 2024) and had secured bail in January 2025.

Case Background

Aniket was detained after objecting to a faculty member’s behaviour toward an SC student at Betul University, leading to an FIR (attempt to murder, etc.).

While in judicial custody, the NSA was invoked. The State cited nine criminal antecedents, but the Court noted,
Acquitted in 5 past cases.

Convicted (only fined) in one; bail granted in others.

No evidence that release would endanger public order.

Judicial Rebuke

The Court emphasized that preventive detention cannot be a “mechanical extension” and requires fresh justification. It highlighted the District Magistrate’s failure to consult the State government or address Aniket’s custodial status as “fatal” to the order’s legality.

A detailed order will follow. Aniket, represented by Advocate Animesh Kumar, walks free after nearly a year of detention.

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