"Concocted Story": Allahabad High Court Cancels 25-Year-Old's Detention Under NSA

The Allahabad High Court on Wednesday cancelled the detention of 25-year-old Aakriti Chaudhary, a Delhi University history graduate, who was taken into custody under the National Security Act for allegedly instigating the mob to resort to violence during the Noida workers' protest in April.

In early April, a massive protest by over 40,000 factory workers in Noida turned violent as demonstrators demanded higher wages and better working conditions. The protest across 80 locations in Noida - triggered by the Haryana government's decision to hike the minimum pay - took a violent turn when the protesters set vehicles and properties on fire, and threw stones during an altercation with the police.

Allowing the 25-year-old's habeas corpus petition challenging her arrest, a bench of Justices Atul Sreedharan and Achal Sachdev found that the detention was based on a story "concocted" by the state.

The court directed her immediate release if her arrest was not warranted in any other case. It also directed the state to pay her a compensation of Rs 5 lakh.

The development came as the bench found several lapses after examining the sequence of Chaudhary's arrest and the notices issued to her under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

During Wednesday's hearing, the state informed the court that Chaudhary was arrested at 10.56 am on April 12 and that a notice was issued to her as per law. The state alleged that she had instigated the mob to resort to arson and stone-throwing.

The court observed that a proper notice under BNSS Section 126 was not served on the petitioner. It said the General Diary entry appeared to show that Chaudhary had already been arrested before the notice was prepared.

The state was asked to produce video footage specifically indicating that Chaudhary instigated protesters to throw stones or set vehicles on fire. When it sought time to produce the video, the bench declined to grant more time, noting that the petitioner had already spent five months in jail.

Earlier, the bench had asked the state where it was recorded that Chaudhary had called people and asked them to throw stones and set vehicles on fire.