‘Conduct worthy of derision’: Allahabad HC pulls up District Magistrate over NSA detention of law student

The Allahabad High Court has come down heavily on Gautam Buddha Nagar District Magistrate Medha Roopam, who had issued the order to detain a 25-year-old Delhi University law student under the National Security Act (NSA) over a workers’ protest in Noida in April this year. In a detailed order released on Monday (September 7, 2026), the court observed that Ms. Roopam “desired to make an example” out of the petitioner.

A Bench of Justices Atul Sreedharan and Achal Sachdev had on September 2 quashed the NSA detention of Akriti Chaudhary, who had spent nearly five months in custody.

The Bench had allowed Ms. Chaudhary’s habeas corpus petition and ordered her immediate release, unless she was required in another case. The court flagged discrepancies in the arrest notice and termed the State’s version a “concocted story”.

Ms. Chaudhary was among several activists arrested in connection with the protest held between April 10 and 18, during which industrial and contractual workers demanded a hike in salary and parity with wages paid in neighbouring Haryana. The protest had turned violent on April 13 and roads were blocked.

The Uttar Pradesh police invoked the NSA against Ms. Chaudhary a month later, alleging that she had instigated protesters to indulge in stone-pelting and arson. During a press conference, the police claimed to have “strong electronic and videographic evidence” against her.

In her petition, Ms. Chaudhary argued that she was already in custody before the violence broke out on April 13. She contended that there was no factual basis for her detention and that the process leading to her preventive detention was procedurally flawed.

‘Guilty of violating oath’

Pulling up the District Magistrate, the Bench noted, “In this case, the conduct of the District Magistrate, Gautam Buddha Nagar, who passed the impugned order, is worthy of derision”

“In a case where the police report against the petitioner had only allegations without any credible material against her, the District Magistrate was expected to be vigilant and examine the record threadbare to determine if there was any material in support of the allegations and, even thereafter, assess whether the oppressive provisions of the NSA were warranted against the petitioner and how the general law of the land was inadequate against a female student activist without any previous criminal record,” order read.

The court observed that the District Magistrate “desired to set an example” out of the petitioner and deter others from exercising their right to freedom of speech and expression in public spaces in support of workers.

It added that Ms. Roopam is “guilty of violating her oath of allegiance, making this a fit case for the imposition of compensation to the petitioner”.

The court directed that Ms. Chaudhary be paid compensation of ₹5 lakh and that the amount be recovered from the salary of the District Magistrate, who passed the order of detention “without application of mind”, and “all such other officers who may have been responsible, right down to the Station House Officer” of the police station, who had prepared the initial report warranting the detention of the petitioner under the provisions of the NSA.

‘No show-cause notice’

The State had submitted in the court that Ms. Chaudhary was arrested at 10.56 a.m. on April 12 and was issued a warning notice under Section 130 of the Bharatiya Nagarik Suraksha Sanhita. Justice Sreedharan questioned why no show-cause notice was issued before the warning.

The State accepted that no notice was served under Section 126. The court then called for the police’s general diary, which showed that Ms. Chaudhary was arrested before the notice was prepared. The court asked whether she had been produced before a magistrate before the arrest and asked for evidence of incitement.

The State told the court that protesters gathered at the site on April 11, but the court pointed out that, according to police records, no violence took place that day. The State also failed to submit the video footage showing Ms. Chaudhary provoking protesters to throw stones or set vehicles on fire.