Noida labour protest: Allahabad High Court quashes detention of 25-year-old under NSA

Describing the invocation of the stringent National Security Act (NSA) against Akriti Chaudhary, a 25-year-old student held in connection with the Noida workers’ protest in April this year, as “arbitrary and vague”, the Allahabad High Court Wednesday quashed her detention.

The High Court was hearing the habeas corpus plea of Chaudhary, a 25-year-old Delhi Univ­ersity graduate from Durgapur in West Bengal, who was initi­ally picked up on April 11. Subsequ­ently, the government invoked the NSA on May 13.

She has since been in custody in Kasna jail in Gautam Buddha Nagar. A bench of Justices Atul Sreedharan and Achal Sachdev dictated the order in court. A fine print of the order is awaited.

Additional Government Advocate Nitesh Kumar Srivastava, appearing for the state, confirmed that the detention was quashed but did not comment on the compensation granted to her or the Court’s observations.

Senior Advocate Colin Gonsalves, who appeared for Chaudhary, said the High Court imposed a fine of Rs 5 lakh on the state for the detention that was deemed unlawful. Manik Gupta, another lawyer, also appearing for Chaudhary, said the High Court indicated that the penalty would be recovered from the officials involved in sanctioning the detention, from the District Magistrate to the SHO.

“The prosecution said there was a conspiracy, they planned at Karawal Nagar about the entire incident. We argued that it was just an inauguration of a children’s library for poor workers,” Gupta told The Indian Express.

According to police, Chaudhary was among the “proponents of a specific ideology that believes in achieving their objectives through violent means.” She joined a “library in Karawal Nagar, Delhi” run by a co-accused and “formulated a strategy for the proposed violent movement”, the UP government claimed while imposing the NSA.

It also cited the alleged recovery of a book, “Great Martyrs of the Indian Revolution”, describing it as “a controversial work of literature”. Chaudhary has been named in 11 FIRs, with charges including attempt to murder, intent to cause death or grievous harm during the incident, endangering life or personal safety, and criminal conspiracy.

Advocate Rajnish Yadav, counsel for Chaudhary in Noida court, said that while she has secured bail in five cases, the bail pleas over six other FIRs in which she has been named are yet to be heard in the HC.

Speaking to The Indian Express, the petitioner’s father Arun Chaudhary said that he knew his daughter could not have done anything wrong. “She fought for the poor people, and she will still continue to fight for them.

I will fully support her,” he said, adding that he always trusted the judiciary. “I knew she would win one day, and she did today.” —With ENS