Supreme Court Reserves Order On Noida DM Medha Roopam's Plea To Stay Allahabad HC Judgment Quashing Student's NSA Detention

The Supreme Court today(September 23) reserved order on the grant of interim relief in the petition filed by Gautam Buddh Nagar District(Noida) Magistrate Medha Roopam challenging the Allahabad High Court order, which directed compensation of Rs.5 lakhs to be paid from her salary for the detention of student Akriti Chaudhary under the National Security Act in connection with the Noida workers' protest.

The Court also heard a separate petition filed by the State of Uttar Pradesh challenging the High Court's order quashing the NSA detention of the student.

A bench comprising Justice Satish Chandra Sharma and Justice NK Singh after hearing the matter, reserved it for interim orders. The bench had muted the audio of the VC proceedings during the hearing, blocking media access (reporters cannot physically enter the Supreme Court).

It is understood that the State and the officer argued against isolating the DM for fixing liability over the student's detention. They pressed for staying the High Court's order and its strictures against the bureaucrat. 

Solicitor General of India Tushar Mehta, appearing for the District Magistrate, submitted that the strictures against the officer were "unwarranted". He stated that there are several layers before the District Magistrate takes the decision. 

Senior Advocate Mukul Rohatgi, for the State of UP, submitted that the Allahabad High Court's order is "totally uncalled for." He added that the respondent, Akriti Chaudhary, was "fomenting trouble" in Manesar in Haryana, and later the agitation shifted to Noida, which led to arson and destruction of public properties in April. The proposal for detention was moved by the SHO, and ultimately passed by the DM. The DM's order was approved by the advisory committee, and subsequently by the State Government and the Union Government under the National Security Act, he added, emphasising that the DM was only a "link in the chain." Rohatgi further contended that the High Court did not examine the NSA detention order, and its examination was only confined to whether the arrest was legal or not. The audio of the proceedings was blocked at this juncture, denying further access to the proceedings.

Senior Advocate Colin Gonsalves appeared for Akriti Chaudhary on caveat. The bench has allowed the respondent to file their counter-affidavit.

To recap, while quashing the NSA detention of 24-year-old Delhi University law student and activist, Akriti Chaudhary, the Allahabad High Court had strongly criticized the manner in which the detention order was passed by the Noida District Magistrate. The bench categorically warned that continued 'despotic' conduct by errant bureaucracy could reduce Uttar Pradesh to an “Orwellian Dystopia," and ordered compensation.  

The Allahabad High Court bench comprising Justice Atul Sreedharan and Justice Achal Sachdev held that Chaudhary's continued incarceration under the NSA violated her Fundamental Right under Article 21, as the detention order and grounds were devoid of material and were passed “without application of mind”.

It also awarded Rs.5 lakh compensation to Chaudhary and directed that the amount be recovered from the salary of the District Magistrate Roopam, who passed the detention order, as well as other officers responsible, "right down to the SHO".