Solicitor General Tushar Mehta has indicated the government's intent to appeal an Allahabad High Court decision that slammed a District Magistrate for the illegal NSA detention of a law student.
- The Allahabad High Court quashed the NSA detention of DU law student Akriti Chaudhary.
- The court criticized DM Medha Roopam for 'lack of application of mind' and violating her oath.
- A ₹5 lakh compensation was ordered to be recovered from the salaries of the responsible officials.
Solicitor General Tushar Mehta on Wednesday orally indicated the Union Government's intention to challenge a landmark decision by the Allahabad High Court. The court had previously quashed the detention of 25-year-old Delhi University law student Akriti Chaudhary under the National Security Act (NSA).
The controversy stems from a workers' protest in Noida in April, where industrial and contractual laborers were demanding wage parity with Haryana. The protest turned violent on April 13, leading to the arrest of several activists. A month later, the Uttar Pradesh Police invoked the draconian NSA against Ms. Chaudhary, alleging she instigated stone-pelting and arson.
Why This Matters
BozokMedia analysis shows that the court's decision to recover compensation directly from the salaries of officials marks a significant judicial shift. It moves beyond mere acquittal to personal accountability for administrative overreach, potentially deterring officials from filing frivolous cases under preventive detention laws.
A Division Bench headed by Justice Atul Sreedharan termed the State's version of events as a "concocted story" and flagged glaring discrepancies in the arrest notice. The court noted that Ms. Chaudhary had no prior criminal record and was targeted for exercising her right to freedom of speech.
"The judiciary is increasingly viewing the misuse of preventive detention as a violation of the fundamental right to liberty and a breach of the administrative oath of office."
Historically, the NSA has been reserved for threats to national security, but its application in civilian protests has sparked global concerns regarding human rights in India. The court observed that the District Magistrate, Medha Roopam, was guilty of violating her oath of allegiance by using oppressive laws against a student activist.
| Perspective | Argument/Observation |
|---|---|
| UP Police/Administration | Claimed strong electronic evidence of instigation and violence. |
| Allahabad High Court | Ruled the detention as 'worthy of derision' and a violation of free speech. |
Frequently Asked Questions
1. What was the High Court's order regarding compensation?
The court ordered a payment of ₹5 lakh to Akriti Chaudhary, to be recovered from the salaries of the District Magistrate and other responsible officers, including the SHO.
2. On what grounds did the court release the student?
The court found that the DM failed to apply her mind to the police report and that the detention was an attempt to deter others from exercising their freedom of speech.