India
oi-Ashish Rana
The Supreme Court on Wednesday stayed the Allahabad High Court’s order requiring Gautam Buddh Nagar District Magistrate Medha Roopam to pay Rs 5 lakh compensation from her salary over the detention of student Akriti Chaudhary under the NSA.
The Supreme Court stayed an Allahabad High Court order directing Gautam Buddh Nagar DM Medha Roopam to pay Rs 5 lakh compensation from her salary regarding the NSA detention of Akriti Chaudhary. The SC also stayed adverse observations made against the DM and issued notice, with further hearing scheduled for October 7.
A bench of Justices Satish Chandra Sharma and N Kotishwar Singh issued notice on Roopam’s plea and stayed the high court’s direction that had quashed Chaudhary’s detention in connection with the Noida workers’ protest.
The interim relief was granted on separate pleas filed by Roopam and the Uttar Pradesh government.
Solicitor General Tushar Mehta appeared for Roopam, while senior advocate Mukul Rohatgi represented the Uttar Pradesh government during the hearing. The bench subsequently muted the audio of the video conference proceedings.
The bench also stayed the observations made in the high court order against the DM.
“After hearing senior counsels for the parties, this court is of the opinion that till the matter is heard on merits, the operation of the impugned judgment, particularly, para Nos. 27 to 33 shall remain stayed,” it ordered and posted the matter for further hearing on October 7.
Senior advocate Collin Gonsalves appeared for Chaudhary on caveat.
Allahabad HC Had Quashed Chaudhary’s Detention
On September 2, the high court quashed the detention of Akriti Chaudhary, a 25-year-old Delhi University history graduate, who was taken into custody under the National Security Act (NSA) in connection with the Noida workers’ protest in April.
Allowing Chaudhary’s habeas corpus petition challenging her arrest, the high court found that the detention was based on a story “concocted” by the state and directed her immediate release if her arrest was not warranted in any other case.
It strongly criticised the manner in which the detention order was passed by Roopam and warned that continued “despotic” conduct by “errant” bureaucracy could reduce Uttar Pradesh to an “Orwellian dystopia”.
It also awarded Rs 5 lakh compensation to Chaudhary and directed that the amount be recovered from the salary of Roopam, who passed the detention order, as well as other officers responsible right down to the SHO.
NSA Invoked After Noida Workers’ Protest
On September 9, Solicitor General Mehta told the Supreme Court that an appeal would be filed against the high court decision quashing the detention order.
Chaudhary was arrested in connection with cases arising from the Noida workers’ protest and the Uttar Pradesh Police subsequently invoked NSA against her and activist-journalist Satya Verma on May 13.
They were among several activists arrested in cases relating to the protest seeking higher wages.
What Allahabad HC Said About Bureaucrats
In the order, the high court also made several significant observations on the roles of the bureaucracy and the police.
It said officers are entrusted with immense powers because they bear responsibility for upholding the constitutional and legal rights, dignity, honour and welfare of citizens.
However, the court stressed that bureaucrats must remember that their “loyalty is towards the Constitution and not the political executive”.
It further said that officers are servants who serve the people, who are “the masters in a democracy”.
It directed that the high court’s displeasure against the DM and police officers involved in preparing the dossier be recorded in their service records.
