'Orwellian Dystopia': Allahabad HC slams DM over student's NSA detention
What's the story
The Allahabad High Court has quashed the National Security Act (NSA) detention of 24-year-old Delhi University student Akriti Chaudhary. The court slammed Gautam Buddha Nagar District Magistrate Medha Roopam, warning that such actions could lead Uttar Pradesh into an "Orwellian Dystopia." Justices Atul Sreedharan and Achal Sachdev ruled that Chaudhary's continued detention violated her fundamental rights under Article 21 of the Constitution.
Compensation awarded
Court orders ₹5 lakh compensation to Chaudhary
The court has ordered compensation of ₹5 lakh to Chaudhary, to be recovered from the salaries of those responsible for her detention.
The bench observed that the NSA detention order was devoid of material and showed "non-application of mind."
It emphasized that extraordinary powers resulting in incarceration cannot be exercised on "surmises, biases, conjectures and opinions."
Arrest scrutiny
Court backs Chaudhary's version on arrest date
The court also found discrepancies in Chaudhary's arrest account. While she claimed to have been arrested on April 11, the state government contended it happened on April 12.
The court backed Chaudhary's version after examining related documents.
It also criticized Roopam's decision to invoke NSA against a student activist with no criminal record.
"The conduct of the District Magistrate of Gautam Buddha Nagar who passed the impugned order, is worthy of derision," the court said.
Protest rights
HC upholds right to peaceful protest
The court upheld the right to peaceful protest as part of freedom of speech and expression.
It warned that violence by "mischievous elements" shouldn't be attributed to an entire peaceful group.
The bench observed that officials' loyalty is toward the Constitution, not political executives.
It warned that bureaucrats acting contrary to their oaths could create civil unrest reminiscent of oppressive regimes.