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Uttar Pradesh: Allahabad High Court Quashes 94 of 120 NSA Cases Citing 'Non-Application of Mind'

By: Aditi Barnwal
07 Apr 2021 10:56:02 AM CSMC, Chitkara University, Punjab

The Allahabad High Court has quashed the orders by the UP government to impose the National Security Act (NSA) in 94 cases, the Indian Express broke in an exclusive report, this morning. The NSA was imposed by the Uttar Pradesh government in 120 cases between January 2018 and December 2020.

 

The court considered the state government’s cases as misuse of the NSA laws. The court said that important information in the police FIRs was "cut and pasted", according to a report by India Today.

 

A hearing was held in the Allahabad High Court on the 120 cases and apart from the 94 cases, the court also quashed 32 cases given by the District Magistrate and ordered the release of the detainees.

 

Cows slaughter as per the reports is number one when it comes to imposing the NSA:  it accounts for 41 cases, more than a third of the total that reached the High Court. All the accused are from the minority community and were detained by the District Magistrate based on FIRs alleging cow slaughter.

 

In 30 of these cases, the HC rejected the NSA and came down heavily on the UP government and ordered the release of the petitioners.

 

In the remaining 11 cow slaughter cases the court granted bail to the accused and made it clear that no judicial custody was required in this case.

 

All of the accused in NSA cases are from the minority community, who were charged with cow slaughter in the FIRs on behalf of the District Magistrate. The court slammed the denial of legal process to the detainees and also slammed the UP government for using the law to cancel the bail and dealt a setback for staying orders.

 

In seven detentions, the court noted that these cases came under the ambit of “law & order” and there was no need to invoke the NSA.

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