Supreme Court frees Mathura man held under NSA, cites delay by UP government

The Supreme Court has ordered the release of a Mathura-based man detained under the stringent National Security Act, 1980 (NSA), ruling that the Uttar Pradesh government failed to act within a reasonable time on his representation against the detention.

A bench of Justice M. M. Sundresh and Justice N. Kotiswar Singh set aside a February 2 order of the Allahabad High Court, which had upheld the preventive detention of Sunil Kumar Gupta. The apex court’s April 27 ruling stressed that even under preventive detention laws, constitutional safeguards must be strictly followed.

Gupta was detained in June 2025 following allegations of illegal digging and construction near the Shree Krishna Janmabhoomi and the nearby Shri Dwarkadhish Temple. Authorities claimed the activity triggered a structural collapse in the area, leading to the deaths of three people and damage to multiple houses.

According to case records, an FIR was filed after at least five houses caved in, prompting widespread panic. Residents staged protests and blocked key roads, disrupting access to the temple complex and affecting tourist movement. Emergency teams, including the National Disaster Response Force and State Disaster Response Force, were deployed to manage rescue and relief operations.

Gupta was initially arrested under provisions of the Bharatiya Nyaya Sanhita, 2023, including Section 105 related to culpable homicide not amounting to murder. Shortly after he sought bail, the Mathura district administration invoked Section 3 of the NSA to place him under preventive detention, citing concerns over public order.

The Allahabad High Court had earlier ruled that the detention was justified, noting that the incident led to unrest, protests, and disruption of normal life in the temple town.

However, the Supreme Court disagreed, focusing on the delay by the state government in deciding Gupta’s representation challenging the detention. The bench held that such delays undermine the constitutional guarantee under Article 22, which mandates that detainees must be given an opportunity to make a representation and have it considered expeditiously.

The court reiterated that preventive detention, though permitted in exceptional circumstances, cannot bypass procedural safeguards. It observed that any unexplained delay in dealing with a detainee’s plea is sufficient to invalidate the detention order.

Legal experts say the ruling reinforces judicial scrutiny over the use of preventive detention laws, particularly the NSA, which has often been debated for its broad powers and limited immediate judicial oversight. The judgment underscores that maintaining public order cannot come at the cost of due process.

Gupta’s release marks a significant intervention by the Supreme Court in balancing state authority with individual liberty, especially in cases involving preventive detention.