New Delhi, Sep 24 The Supreme Court on Thursday modified its interim order and stayed the strictures passed in the Allahabad High Court order against Noida DM Medha Roopam, including a direction to pay compensation of Rs 5 lakh from her salary for the detention of student Akriti Chaudhary under the NSA in connection with the Noida workers’ protest in April.
A bench of Justices Satish Chandra Sharma and N Kotiswar Singh passed the interim order and listed the matter for further hearing on October 7.
According to the order which was uploaded on Wednesday late evening, the entire controversial part of the high court judgment was stayed and stated, “Till the matter is heard on merits, the operation of the impugned judgment, particularly, para Nos. 27 to 33 shall remain stayed.”
However, in the modified order, which was subsequently uploaded, it has been specified 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 27-33 of the September 2 verdict of the high court slammed the district magistrate (DM) for invoking the National Security Act (NSA) against the student and passed strictures against her and the direction to pay Rs 5 lakh compensation to the student, which was to be recovered from Roopam’s salary.
It has not stayed the high court’s direction quashing Chaudhary’s detention. The top court passed the interim orders on two separate pleas filed by Roopam and the Uttar Pradesh government.
During the brief hearing on Wednesday, the bench heard Solicitor General Tushar Mehta, appearing for the DM, and senior advocate Mukul Rohatgi for the state of UP, before it muted the audio of the video conference proceedings.
Senior advocate Collin Gonsalves appeared for Chaudhary on caveat.
On September 2, the high court quashed the detention of Chaudhary, a 25-year-old Delhi University history graduate, who was taken into custody under 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.
It 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 the salary of Roopam, who passed the detention order, as well as other officers responsible right down to the SHO.
Chaudhary was arrested in connection with cases arising from the Noida workers’ protest and 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 relating to the protest seeking higher wages.
In the order, the high court also 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 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”.
It directed that the high court’s displeasure against the DM and police officers involved in preparing the dossier be recorded in their service records.
(PTI News)
