The Uttar Pradesh government will approach the Supreme Court against the Allahabad High Court judgment quashing the detention of Akriti Chaudhary, a Delhi University History graduate, under the National Security Act (NSA) and directing compensation for her wrongful detention.
Solicitor General Tushar Mehta informed a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana that the State government would challenge the High Court ruling before the apex court. The Gautam Buddha Nagar District Magistrate, Medha Roopam, will also separately challenge the judgment.
On September 2, a Division Bench of Justice Atul Sreedharan and Justice Achal Sachdev of the Allahabad High Court had quashed Chaudhary’s NSA detention and directed the State to pay her Rs 5 lakh as compensation. The Court ordered that the amount be recovered from the salary of the District Magistrate and other officers responsible for preparing the report that ultimately led to her detention.
The High Court had strongly criticised the manner in which Chaudhary was detained, observing that the police report did not contain credible material to justify invoking the NSA. It held that the District Magistrate was expected to scrutinise the material carefully before resorting to what it described as the “oppressive provisions” of the law.
The Court had also made strong observations about the conduct of the District Magistrate, stating that it was “worthy of derision.”
Chaudhary was detained in connection with a protest by industrial workers in Noida in April. Although the High Court quashed her NSA detention after finding insufficient material to sustain it, she continues to remain in custody in connection with other criminal cases arising from the protest.
While allowing her habeas corpus petition, the High Court also issued wider observations on the constitutional duties of civil servants and police officers.
It reminded IAS and IPS officers that their allegiance is to the Constitution and not the political executive. The Court observed that whenever officials disregard their constitutional oath, they risk being perceived as an “oppressive vestige of the British Empire.”
The Bench further warned that failure by courts to check bureaucratic excesses could result in the State being reduced to an “Orwellian Dystopia.”
The dispute will now move to the Supreme Court, where the legality of the High Court’s findings and the directions for compensation and recovery from officials are likely to come under scrutiny.
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