UP Govt to Challenge High Court’s NSA Quashing and Penalty on Noida Officers in Supreme Court

The Uttar Pradesh government is set to move the Supreme Court against an Allahabad High Court judgment that quashed the detention of student activist Akriti Chaudhary under the National Security Act (NSA) and ordered ₹5 lakh compensation to be docked directly from the salaries of the Gautam Buddha Nagar District Magistrate and other responsible officials.

Solicitor General Tushar Mehta informed a Supreme Court Bench led by Chief Justice of India Surya Kant that the state will challenge the High Court order by filing a Special Leave Petition (SLP). The submission came during a hearing concerning a show-cause notice issued by Greater Noida authorities against a Gautam Buddha University student involving a campaign for a CJP protest.

The move follows a scathing verdict by a High Court Bench of Justices Atul Sreedharan and Achal Sachdev, which allowed a habeas corpus petition filed by 24-year-old Chaudhary. The High Court ruled her preventive detention violative of Article 21 rights to life and personal liberty, ordering her immediate release and slapping a ₹5 lakh penalty on the administration.

Scathingly Critical High Court Verdict

The High Court delivered an explicit censure of the state apparatus, directing that the compensation be recovered from the salary of Gautam Buddha Nagar District Magistrate Medha Roopam down to the station house officer (SHO) who authored the initial dossier.

The court noted that the local administration had acted to make an example of a female student activist and deter citizens from raising their voices for workers rights. The primary findings of the High Court bench included:

• Absence of Incitement: WhatsApp records and video evidence showed peaceful gatherings with no indication of armed mobs or calls to incite violence, arson, or property destruction.
• Fabricated Arrest Timeline: The arrest appeared to occur on April 11 rather than April 12 as claimed, rendering a Section 130 BNSS notice issued after her detention an "ex post facto" sham.
• Misuse of Preventive Detention: NSA invocation cannot serve as a shortcut to retain custody when an accused might otherwise secure bail in ordinary criminal proceedings.
• Violation of Official Oath: The District Magistrate’s conduct was deemed "worthy of derision", showing a failure of allegiance to constitutional duties over political executive desires.

Background to the Protests

The legal tussle stems from industrial unrest across Gautam Buddha Nagar in April 2026, where workers staged demonstrations over low remuneration, long working hours, and delayed pay raises. State authorities alleged that Chaudhary acted as an agent provocateur whose actions sparked riots from April 13.

However, evidence presented before the High Court established that violence broke out only after Chaudhary was taken into custody on April 11. The judges termed the state’s grounds for her detention "repetitive, speculative and opinion-based", entirely lacking evidentiary foundation.

Describing public demonstrations as a "safety valve in a pressure cooker" necessary to vent collective grievances, the High Court warned that preventing citizens from gathering peacefully risks pushing society toward an "Orwellian dystopia". The UP government’s upcoming appeal in the Supreme Court will test these strong observations against bureaucratic authority and civil liberties.