Allahabad HC quashes NSA detention, citing lack of evidence and procedural flaws

Who it concerns: Akriti Chaudhary (Petitioner/Detainee), Union of India, State of Uttar Pradesh, and the public regarding the application of the National Security Act and procedural safeguards in arrests.

What was decided

• The Court quashed the NSA detention order against Akriti Chaudhary.
• The Court held that 'subjective satisfaction' for detention cannot rest on conjecture.
• The Court found that the notice under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was prepared after the arrest, rendering the procedure a 'sham' and 'ex post facto'.
• The Court noted that the General Diary (GD) entry number mentioned in the Section 130 notice was generated at the time of arrest, indicating the notice was fabricated after the fact.
• The Court observed that the violence alleged to have been incited by the petitioner occurred on 13.04.2026, whereas the petitioner was in custody from 12.04.2026 (or 11.04.2026 per her claim), making the attribution of subsequent violence to her pre-arrest actions a matter of conjecture.
• The Court noted that the petitioner's mobile phone was recovered 13 days after her arrest, from which WhatsApp chats were extracted to justify detention.

Also in the document

• The petitioner is a 24-year-old law student with no previous criminal antecedents, a fact admitted by the State.
• The State's case relied on WhatsApp chats where the petitioner allegedly called for people to gather to support laborers against police action, which the Court noted did not explicitly incite violence.
• The Court highlighted a discrepancy in the timeline: the State claimed the petitioner was arrested on 12.04.2026, while the petitioner claimed custody from 11.04.2026; WhatsApp records showed she did not respond to messages after 17:56 on 11.04.2026, supporting the claim she was already in custody.
• The Court found 'visible fabrication in the record' regarding the Section 130 notice, for which the State's counsel provided no answer.