Allahabad HC Quashes NSA Against DU Student, Orders ₹5 Lakh Compensation for 'Arbitrary' Action

Prayagraj (Uttar Pradesh) [India], September 8: The Allahabad High Court rejected the police's theory and issued a stern message regarding disciplinary action against officials responsible for administrative negligence while quashing the National Security Act (NSA) charges invoked against Delhi University law student Akriti Chaudhary in connection with the workers' agitation for wage hikes in the Noida industrial area.

A division bench comprising Justices Atul Sreedharan and Achal Sachdev was hearing a habeas corpus petition.

During a thorough examination of the case, the High Court found that while the state police and district administration had levelled serious allegations against the accused, they failed to present any concrete evidence or video footage to substantiate them.

Court questions police claims

It became evident to the court that Akriti Chaudhary had been taken into police custody on April 11, whereas the actual violence in the area erupted on April 13. The bench questioned how a person already in police custody could be held responsible for subsequent acts of violence and arson. Furthermore, the notice issued under Section 130 of the BNSS was found to be a mere formality prepared after the arrest.

The court termed the district administration's invocation of the NSA as excessively harsh and irresponsible. The High Court clarified that stringent preventive detention laws cannot be used as a "tool" to deny a citizen their ordinary right to bail. If the state machinery infringes upon a citizen's personal liberty (Article 21) based solely on its own opinions and conjectures without concrete evidence, the "courts will not remain mute spectators", the court said.

Compensation from officials

The court allowed the petition and directed the state government to pay compensation of ₹5 lakh. The High Court specifically emphasised that this compensation amount would not be paid from public funds but would instead be recovered from the salaries of all responsible officials, including the District Magistrate (Gautam Buddha Nagar) who made the "arbitrary decision", the Station House Officer (SHO) who prepared the initial report, and other concerned police officers.

The Court further observed that under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution, citizens possess the fundamental right to assemble peacefully without arms and to register their protest. In its judgment, the Allahabad High Court clarified that peaceful protest acts as a "safety valve" in a democracy and cannot be arbitrarily suppressed.

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Case background

History graduate Akriti Chaudhary was taken into custody in April 2026 in connection with a workers' demonstration in Noida. On May 13, the Uttar Pradesh Police invoked the National Security Act (NSA) against Chaudhary and activist-journalist Satya Verma, who were among several activists detained in connection with the wage-hike agitation.

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