The Allahabad High Court has issued a stern reminder to Indian Administrative Service (IAS) and Indian Police Service (IPS) officers, emphasizing their commitment to the Constitution over any political directives. The court’s Division Bench, composed of Justice Atul Sreedharan and Justice Achal Sachdev, highlighted the dangers of bureaucrats neglecting their constitutional oath, warning that such actions could foster civil unrest and portray them as remnants of colonial oppression.
Court’s Reprimand on Bureaucratic Overreach
In its judgment, the court admonished that, without judicial intervention against bureaucratic overreach, the State could devolve into an “Orwellian Dystopia.” The Bench declared, “This Court, while correcting their excesses and/or illegalities, especially those that impinge upon the civil liberties of the citizens without adequate cause or due process, may pass harsh orders to compensate the citizen so wronged.” The court underscored the importance of maintaining civil liberties and the rule of law.
Case of Akriti Chaudhary
The judgment came in response to the case of Akriti Chaudhary, a History graduate from Delhi University, who had been detained under the National Security Act (NSA) during a protest by industrial workers in Noida. The court found no substantial evidence to justify her detention, noting her calls merely advocated support for laborers, not violence.
The court asserted that the right to freedom of speech and expression includes peaceful assembly and protest. It cautioned against mischievous actors who might disrupt peaceful demonstrations, urging the State to train law enforcement and utilize videography to maintain order and accountability.
Judicial Recommendations
The court advised that preventing public gatherings under the guise of peace maintenance would obstruct the constitutional right to public expression. It likened allowing protests to a “safety valve” that prevents societal tensions from escalating into violence.
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In a pointed rebuke, the court criticized Gautam Buddha Nagar Deputy Magistrate Medha Roopam for her role in the detention, deeming her actions a violation of her constitutional oath. The court ordered ₹5 lakh compensation to be paid to Chaudhary, recoverable from the salaries of the responsible officers, including the District Magistrate.
The court’s decision also directed that the displeasure against the involved officials be recorded in their service records, underscoring the accountability expected of public servants.
Representing Akriti Chaudhary were Senior Advocate Colin Gonsalves and advocates Charlie Prakash, Manik Gupta, and Rajvendra Singh. Advocate Balram Govind Tripathi, along with advocate Kuldeep Kumar, represented the Union of India, while Additional Government Advocate Nitesh Kumar Srivastava appeared for the State government.
