Supreme Court Stays Allahabad HC Order to Recover ₹5 Lakh from Noida DM in NSA Detention Case

The Supreme Court on Wednesday stayed an Allahabad High Court direction to recover ₹5 lakh from the salary of Gautam Buddha Nagar District Magistrate Medha Roopam and other officials, to compensate Delhi University student Akriti Chaudhary for her detention under the National Security Act (NSA).

A Bench headed by Justice Satish Chandra Sharma froze the operation of the Division Bench judgment, which had quashed Ms. Chaudhary's nearly five-month detention as illegal. The court listed the matter for October 7.

"After hearing senior counsels for the parties, this court is of the opinion that till the matter is heard on merits, the operation of the judgment, particularly paragraphs nos. 27 to 33, shall remain stayed," the Bench ordered.

Appearing for Ms. Roopam, senior advocate Mukul Rohatgi argued that such decisions pass through a multi-tiered process involving both the Central and State levels, and that his client could not be singled out for penalty. Solicitor General of India Tushar Mehta also appeared on Ms. Roopam's side, while senior advocate Colin Gonsalves represented Ms. Chaudhary, the respondent.

The seven paragraphs specifically stayed by the Supreme Court had cautioned that continued "despotic" conduct by an errant bureaucracy could reduce Uttar Pradesh to an "Orwellian Dystopia". The High Court had criticised Ms. Roopam for failing to apply her mind to a police report against the student activist, allowed Ms. Chaudhary's habeas corpus petition, and ordered her immediate release unless she was required in another case. It had also flagged discrepancies in the arrest notice and described the State's version as a "concocted story".

Ms. Chaudhary was among several activists arrested in connection with a protest held between April 10 and 18, during which industrial and contractual workers demanded a wage hike and parity with wages paid in neighbouring Haryana. The protest turned violent on April 13.

The Uttar Pradesh Police invoked the NSA against Ms. Chaudhary a month later, alleging that she had instigated protesters to engage in stone-pelting and arson. At a press conference, the police claimed to have "strong electronic and videographic evidence" against her.

The High Court had observed that the District Magistrate, by invoking the oppressive provisions of the NSA against a student activist with no previous criminal record, was setting an "example of her and deter others from exercising their right to freedom of speech and expression in public spaces in support of the labourers". It further held that the District Magistrate of Gautam Buddha Nagar was "guilty of violating her oath of allegiance".