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Despotic officers will turn UP into Orwellian Dystopia: HC on DU pupil’s NSA detention

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Quashing the detention under the National Security Act (NSA) of a 24-year-old Delhi University student and activist Akriti Chaudhary, the Allahabad High Court categorically warned that continued “despotic” conduct by “errant” bureaucracy could reduce UP to an Orwellian Dystopia.Making strong observations against the Uttar Pradesh Government, the High Court directed recovery of Rs 5 lakh from the salary of the Gautam Buddha Nagar District Magistrate (DM) and other officers.The court strongly criticised the manner in which the detention order was passed by the Gautam Buddha Nagar DM. A Division Bench of Justice Atul Sreedharan and Justice Achal Sachdev held that Chaudhary’s continued incarceration under the NSA violated her fundamental right under Article 21 (right to life and personal liberty) as the detention order and grounds were devoid of material and were passed without application of mind.The High Court also awarded Rs 5 lakh compensation to Akriti and directed that the amount be recovered from the salary of DM Medha Roopam, who passed the detention order, as well as other officers responsible right down to the SHO.Akriti (25) is a history graduate from Delhi University and was arrested in connection with cases arising from the Noida workers’ protest in April 2026.The UP Police subsequently invoked the National Security Act against Akriti and activist-journalist Satya Verma on May 13. They were among several activists arrested in cases relating to the peaceful protest seeking higher wages.In its 15-page order dated September 2, the High Court made several significant observations on the roles of the bureaucracy and the 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.However, the high court stressed that they 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. It said people are the masters in a democracy.In this backdrop, the High Court warned that when bureaucrats and police officers ignore their oath and act contrary to it, people may view them as an oppressive vestige of the British Empire, creating an environment of civil unrest.The court also said that while correcting excesses or illegalities that impinge upon civil liberties without adequate cause or due process, the judiciary could pass harsh orders to compensate wronged citizens. The High Court was particularly critical of the conduct of the District Magistrate, Gautam Buddha Nagar, Medha Roopam, who had passed the NSA detention order.It held that where the police report contained only allegations without credible supporting material, the District Magistrate was expected to examine the record before deciding whether the stringent provisions of the NSA were warranted. The conduct of the Gautam Buddha Nagar DM who passed the impugned (under challenge) order is worthy of derision.The court observed that Akriti was a female student activist with no previous criminal record, and the material did not show that she had incited violence.

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