The Allahabad High Court quashed the preventive detention under the stringent National Security Act (NSA) of 25-year-old Delhi University graduate Aakriti Chaudhary, terming the state’s case a “concocted story”.
A division bench of Justice Atul Sreedharan and Justice Achal Sachdev ordered Rs 5 lakh in compensation to be paid to her, explicitly directing that the amount be recovered directly from the salaries of the officials responsible, ranging from the Station House Officer (SHO) to the District Magistrate.
Flawed Evidence and Missing Proof
The student activist had spent nearly five months in detention following her arrest in connection with the April 2026 Noida workers’ wage protests. The Uttar Pradesh Police had invoked the NSA in May, claiming they possessed “strong electronic
and videographic evidence” proving she instigated arson, stone-pelting, and mob violence.
However, during proceedings, the prosecution failed to produce any video footage or material evidence demonstrating that Chaudhary incited violence or called for property damage. When the court gave the state a final deadline to present the alleged video evidence, officials were unable to deliver, prompting the bench to order punitive recovery from the involved authorities’ paychecks.
Procedural Inconsistencies Exposed
The High Court highlighted glaring discrepancies in police records regarding the sequence of Chaudhary’s arrest. Upon examining the police General Diary entries, the bench noted that Chaudhary had already been taken into custody before the statutory notices under the Bharatiya Nagarik Suraksha Sanhita (BNSS) were officially prepared, exposing severe procedural lapses by law enforcement.
Key observations made by the court during the hearing include:
- Right to Peaceful Protest: The bench emphasised that peaceful demonstrations are an integral part of democratic governance, and isolated acts of violence during a rally cannot be used to arbitrarily slap preventive detention on activists.
- Personal Background Consideration: The court observed that authorities must thoroughly evaluate an individual’s academic background and past record before invoking draconian laws like the NSA.
- Accountability for Arbitrary Detention: By saddling local administrators and police officers with the financial burden of the compensation, the bench established a strict precedent against the reckless misuse of preventive detention laws.
A Stiff Warning on Executive Overreach
Legal experts view the ruling as a significant rebuke of executive overreach in Uttar Pradesh, establishing personal financial liability for civil servants who misuse preventive detention statutes without concrete evidentiary backing. While the quashing of her NSA detention marks a major legal victory, Chaudhary remains in judicial custody pending bail applications in related cases.
