SC pauses Rs 5 lakh penalty, upholds student's detention relief in Noida DM case

The Supreme Court has revised its interim order in the plea filed by Gautam Buddh Nagar District Magistrate Medha Roopam, clarifying that its stay applies only to the adverse observations made by the Allahabad High Court against the officer and its direction to pay Rs 5 lakh compensation to student Akriti Chaudhary.

The revised order makes it clear that the Supreme Court has not halted the Allahabad High Court's judgment quashing Chaudhary's detention under the National Security Act (NSA) in connection with the Noida workers' protest.

The clarification came after the Supreme Court's order, uploaded on Wednesday, had initially stated that "till the matter is heard on merits, the operation of the impugned judgment, particularly, para Nos. 27 to 33 shall remain stayed."

The subsequently revised order specifies that "till the matter is heard on merits, the operation of paras nos. 27 to 33 of the impugned judgment including award of costs and strictures against the petitioner shall remain stayed."

Paragraphs 27 to 33 of the Allahabad High Court judgment contained the strictures against Roopam and the direction to pay Rs 5 lakh compensation to Chaudhary. The High Court had directed that the amount be recovered from the salary of Roopam, who passed the detention order, as well as other officers responsible right down to the SHO.

A bench comprising Justice Satish Chandra Sharma and Justice N Kotiswar Singh heard the petitions filed by Roopam and the Uttar Pradesh government against the High Court's judgment.

The Supreme Court's interim order came after the Allahabad High Court on September 2 quashed the detention of Chaudhary, a 25-year-old Delhi University history graduate, who was taken into custody under the NSA in connection with the Noida workers' protest in April.

Allowing Chaudhary's habeas corpus petition challenging her arrest, the High Court found that the detention was based on a story "concocted" by the state and directed her immediate release if her arrest was not warranted in any other case.

The High Court strongly criticised the manner in which the detention order was passed by Roopam and warned that continued "despotic" conduct by "errant" bureaucracy could reduce Uttar Pradesh to an "Orwellian dystopia".

It also awarded Rs 5 lakh compensation to Chaudhary and directed that the amount be recovered from Roopam's salary, along with the salaries of other officers responsible, right down to the SHO.

The High Court further directed that its displeasure against the DM and police officers involved in preparing the dossier be recorded in their service records.

In its order, the High Court made several significant observations on the role of the bureaucracy and police. It said officers are entrusted with immense powers because they bear responsibility for upholding the constitutional and legal rights, dignity, honour and welfare of citizens.

The court stressed that bureaucrats must remember that their "loyalty is towards the Constitution and not the political executive". It further said that officers are servants who serve the people, who are "the masters in a democracy".

The Supreme Court heard the matter after Roopam approached it against the High Court order. The Uttar Pradesh government also filed a separate plea.

During the brief hearing, Solicitor General Tushar Mehta appeared for Roopam, while senior advocate Mukul Rohatgi represented the Uttar Pradesh government. The bench subsequently muted the audio of the video conference proceedings.

The Supreme Court issued notice on Roopam's plea and passed interim orders on the two petitions. Senior advocate Collin Gonsalves appeared for Chaudhary on caveat.

On September 9, Solicitor General Mehta had told the Supreme Court that an appeal would be filed against the High Court's decision quashing Chaudhary's detention.

Chaudhary was arrested in connection with cases arising from the Noida workers' protest. The Uttar Pradesh Police subsequently invoked the NSA against her and activist-journalist Satya Verma on May 13.

They were among several activists arrested in cases related to the protest seeking higher wages.

The Supreme Court has posted the matter for further hearing on October 7. With the revised wording, the stay is confined to the High Court's adverse observations and the compensation and costs directions contained in paragraphs 27 to 33, while the High Court's decision quashing Chaudhary's detention remains unhalted .