Uttar Pradesh Government to Appeal in Supreme Court
The Uttar Pradesh administration is gearing up to contest the Allahabad High Court’s recent decision, which criticized the actions of Gautam Buddha Nagar District Magistrate, Medha Roopam. The controversy arose after Roopam ordered the detention of Akriti Chaudhary, a History graduate from Delhi University, under the National Security Act (NSA).
Solicitor General Tushar Mehta informed a bench comprised of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana that the state will be moving to challenge the High Court’s ruling in the Supreme Court. Additionally, the District Magistrate plans to file a separate appeal against the order.
High Court’s Quashing of Detention
On September 2, a Division Bench, consisting of Justice Atul Sreedharan and Justice Achal Sachdev, nullified Chaudhary’s detention and mandated a compensation of ₹5 lakh to be paid to her. The court specified that this sum should be deducted from the salary of the District Magistrate and other officers involved in drafting the report that led to the NSA order against Chaudhary.
The judges highlighted that the police report lacked any credible evidence against Chaudhary, urging officers to exercise caution and thoroughly examine records before applying the “oppressive provisions” of the NSA. The court described Roopam’s actions as deserving of criticism.
Background and Legal Implications
Chaudhary’s detention was linked to her involvement in a protest by industrial workers in Noida in April. Despite being in custody due to other ongoing criminal cases related to the protest, the High Court ruled through a habeas corpus plea that there was insufficient evidence to justify her detention under the NSA.
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Reminder to Bureaucrats and Police Officers
In their judgment, the High Court reminded Indian Administrative Service (IAS) and Indian Police Service (IPS) officers of their duty to the Constitution rather than the political executive. The Court warned that if bureaucrats and police officers continue to ignore their constitutional oath, they risk being seen as relics of colonial oppression. They cautioned that unchecked bureaucratic excesses could lead the State towards an Orwellian dystopia.
