NSA detention order quashed as Allahabad High Court cites no public order breach

The Allahabad High Court quashed a National Security Act detention order against two Shamli men accused of cow slaughter, finding the alleged act occurred inside a house, not in public. The court said one cow slaughter caused no violence, communal tension, or disturbance of public peace, and ordered their immediate release.

The Allahabad High Court has set aside detention orders under the National Security Act against two Shamli men. The court said the alleged cow slaughter happened inside a house. It was not in a public area. The court also found no proof of violence, public disorder, or communal tension linked to the act.

A division bench of Justices Rajeev Misra and Dr Ajay Kumar allowed two habeas corpus petitions. The petitions were filed by Isham alias Isam and Samir. The bench ordered their immediate release from custody. The judgment was delivered on May 26.

National Security Act detention order quashed by Allahabad High Court

The bench held that the National Security Act, 1980, needs a clear impact on public order. The court noted the case involved the slaughter of one cow. It said the facts did not show a breakdown of public peace. The court also said there was no disturbance of communal harmony.

"In view of the discussion made about, the inescapable conclusion is that the detention order passed against the petitioner under the National Security Act cannot be sustained either in law or fact. As such, the same is liable to be quashed by this court, the division bench observed in its orders.\"

National Security Act action based on Shamli district magistrate order

The detention orders were issued by the Shamli district magistrate. The district magistrate acted under Section 32 of the NSA. The action followed an FIR against the two men. The FIR cited Sections 3, 5A, and 8 of the UP Prevention of Cow Slaughter Act, 1955.

The grounds of detention referred to an informer’s tip to police on April 23, 2025. Police then checked inside a house. Police said they recovered a skinned head, legs, skin, and meat. A veterinarian later examined the items. The meat was identified as beef.

National Security Act detention period and police reports

The material apart from the meat was identified as cow progeny, according to the record. While the men were in jail, the station house concerned sent a report. It went to the superintendent of police. The report claimed the act created a tense atmosphere for five to six days.

The report also claimed that Hindu sentiments were hurt. It said there was discontent and anxiety among the public. It further claimed an adverse effect on public life. After the reports were forwarded, the district magistrate passed detention orders on July 7, 2025. The orders set detention for 12 months.

The court said the alleged slaughter took place within the four boundary walls of a house. It treated this as a key factor while testing the detention. The bench held that such facts did not meet NSA standards. With that finding, the court ordered the men released and quashed the detention orders.

With inputs from PTI