Prayagraj: In a strongly worded order giving the detailed reasons for quashing the National Security Act (NSA) detention of Delhi University student activist Akriti Chaudhary, the Allahabad high court cautioned that errant bureaucrats could reduce Uttar Pradesh to an “Orwellian dystopia” and reminded civil servants that their loyalty lies with the Constitution and not the political executive.
The 15-page order, made public days after the court quashed the NSA detention and awarded Rs 5 lakh compensation to Chaudhary on Sept 2, contains sharp criticism of the Gautam Budh Nagar administration and police for invoking the stringent preventive detention law against a student activist without adequate material. the state maintained she was arrested on April 12 While she claimed she was picked up from Botanical Garden Metro Station on April 11. Because they are entrusted with protecting the constitutional rights, dignity and welfare of citizens, a division bench of Justice Atul Sreedharan and Justice Achal Sachdev observed that bureaucrats and police officers enjoy immense powers.
“They must remember that their loyalty is towards the Constitution and not the political executive,” the court said. Warning against abuse of authority, the bench observed that when officials disregard their constitutional oath, they risk being perceived as “an oppressive vestige of the British Empire”, creating conditions for civil unrest. “It shall not be long before the errant in the bureaucracy reduce the State of Uttar Pradesh to an Orwellian Dystopia,” the court remarked. “The conduct of the district magistrate, Gautam Budh Nagar, who passed the impugned order, is worthy of derision,” the court observed. The state was unable to point to any such material, according to the order. Examining documents placed on record, the court concluded that a notice issued under Section 130 of the BNSS appeared to have been prepared after her arrest and described the exercise as a “sham”.
The bench was particularly critical of Gautam Budh Nagar DM Medha Roopam, who had approved the NSA detention. It held that where the police dossier contained only allegations and no credible supporting material, the district magistrate was expected to scrutinise the records threadbare before invoking the extraordinary powers available under the NSA. Examining the WhatsApp chats, videos and other material relied upon by the state, the court repeatedly sought evidence showing that she had incited violence, rioting, arson or destruction of property. The judges also found inconsistencies in the state’s version of Chaudhary’s arrest.
Chaudhary, a Delhi University graduate and activist, was booked following labour protests in Noida earlier this year.