In appalling numbers, the Allahabad High Court rejected the UP government's orders of imposing the National Security Act (NSA) in the 94 cases between January 2018 and December 2020. The UP Government had imposed the stringent NSA in 120 cases in the time frame.
The High Court also rejected the 32 cases given by the District Magistrate, ordering the release of the detainees.
According to the records, 41 cases were of 'cow slaughtering', more than one-third of the total cases that reached the High Court. All the accused belonged to the minority community. They were detained on the basis of the FIRs alleging cow slaughter by the District Magistrate, reported India Today.
The court cancelled the NSA order by the UP government in the 30 cow slaughter cases and called for the release of the petitioner. In the remaining 11 cases of cow slaughter where it upheld the detention, except for one, the lower court and the High Court later granted bail to the accused, clarifying that their judicial custody was not required.
In each cow slaughter case, the district magistrates virtually echoed each other to state the reason to invoke NSA was that the accused had moved for bail and their release was "imminent". If the accused was out of jail, he would "again" indulge in "activities prejudicial to public order", reported The Indian Express.
The court stated 'non-application of minds' on the 11 detention orders issued by the district magistrates. In about 13 detentions, the court said the detained person was the denial of legal procedure to the accused opportunity to represent himself effectively while challenging the NSA. In the seven cases, the court noted that those cases came under the law and order, and there was no need to invoke NSA. In the remaining six detentions, NSA was applied on the basis of a solitary case and that the accused had no criminal antecedents.
The High Court found the UP government's cases as the 'misuse of NSA law'. There were several examples of 'cut and paste' in the police FIRs.
The NSA was invoked on the basis of FIRs that claimed that police were set into action on the basis of a lead given by an anonymous "informer" on the cow slaughter.