The Allahabad High Court has quashed the detention of Akriti Chaudhary under the National Security Act (NSA), holding that the material placed before the Court did not justify her continued incarceration under the stringent preventive detention law.
A Division Bench of Justice Atul Sreedharan and Justice Achal Sachdev also directed that ₹5 lakh be paid to Chaudhary as compensation. The Court ordered that the amount be recovered from the salary of the District Magistrate, Gautam Buddha Nagar, and other officers found responsible for preparing the detention dossier.
Background of the Case
The case arose against the backdrop of labour agitation in Gautam Buddha Nagar in April 2026. The State alleged that Chaudhary had played a role in encouraging the agitation and that a conspiracy involving her and others had preceded incidents of violence.
The Court, however, noted a significant timing issue. The State's own case was that the violence began on April 13, while Chaudhary was already in custody. The Bench also examined WhatsApp conversations and found that messages sent to her on the evening of April 11 went unanswered, supporting her version that she had already been taken into custody.
The Court further found that the State could not identify any WhatsApp message or video showing that Chaudhary had incited violence.
Court's Observations
The Bench stressed that detention under the NSA is an exceptional measure and cannot be used merely on allegations or speculation.
"Any detention under the NSA is an exception. It is not a substitute to ensure that a person who may receive bail on account of merits of his case, is still detained in custody under a concocted reasoning by the State."
The Court also observed that the material relied upon showed people gathering to raise demands concerning wages and working conditions, without material establishing that the gathering itself was intended to be violent. It held that freedom of speech and peaceful public assembly cannot be curtailed merely on the basis of a subjective apprehension.
Decision
The High Court held that the detention order and its grounds lacked sufficient supporting material and that the order had been passed without proper application of mind. It consequently quashed the NSA detention order and directed that Chaudhary be released forthwith, if she was not required in any other case.
On compensation, the Court held that the exercise of authority by the State had violated her constitutional rights and awarded ₹5 lakh. The Court directed recovery of the amount from the concerned District Magistrate and other responsible officers, including the SHO involved in preparing the initial report.
The Court also directed that its displeasure with the conduct of the concerned officials be recorded in their service records.
Case Details
Case Title: Akriti Chaudhary (Detenue) v. Union of India and 4 Others
Case Number: Habeas Corpus Writ Petition No. 960 of 2026
Judge: Justice Atul Sreedharan and Justice Achal Sachdev
Decision Date: September 2, 2026
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