The Uttar Pradesh government's actions using the National Security Act have been under scrutiny by the top court of the state. The Allahabad High Court has ruled in 120 habeas corpus petitions between January 2018 and December 2020. 94 detentions were quashed and detainees were released.
The court has flagged the way the state government has been abusing the act which allows the state to arrest someone without formal charge or trial. Cases that were red-flagged had detention orders signed by District Magistrates that show “non-application of mind, denial of due process to the accused, and repeated use of the law to block bail in common.
41 cases addressed by the court found that cow slaughter is the number one category used to invoke NSA. All the accused were also from minority communities.
The court also suggested a common playbook followed by the administration to use NSA. In nine detentions, police were set into action on the basis of a lead given by an anonymous “informer” on the cow slaughter.