The Allahabad High Court has overturned the detention of Aakriti Chaudhary, a 25-year-old history graduate from Delhi University. Chaudhary was previously held under the National Security Act for allegedly inciting violence during a workers’ protest in Noida in April. The court’s decision was announced on Wednesday, marking a significant development in her case.
The court directed Aakriti Chaudhary’s immediate release if her arrest was not warranted in any other case. It also directed the state to pay her a compensation of Rs 5 lakh.
The court directed her immediate release if her arrest was not warranted in any other case. The state alleged that she had instigated the mob to resort to arson and stone-throwing. The state was asked to produce video footage specifically indicating that Chaudhary instigated protesters to throw stones or set vehicles on fire. When it sought time to produce the video, the bench declined to grant more time, noting that the petitioner had already spent five months in jail.
In early April, a massive protest by over 40,000 factory workers in Noida turned violent as demonstrators demanded higher wages and better working conditions. The protest across 80 locations in Noida – triggered by the Haryana government’s decision to hike the minimum pay – took a violent turn when the protesters set vehicles and properties on fire, and threw stones during an altercation with the police. It also directed the state to pay her a compensation of Rs 5 lakh. During Wednesday’s hearing, the state informed the court that Chaudhary was arrested at 10.56 am on April 12 and that a notice was issued to her as per law. The court observed that a proper notice under BNSS Section 126 was not served on the petitioner.
It said the General Diary entry appeared to show that Chaudhary had already been arrested before the notice was prepared.
