India

"Loyalty to Constitution, Not Political Executive": Allahabad HC Scolds Noida DM Over Student’s NSA Detention in Workers' Protest

By GS Team
8 Sep 20262 mins read
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Allahabad High Court quashes NSA detention of Delhi University student Akriti Chaudhary, ordering Rs 5 lakh compensation from UP officials' personal salaries for fundamental rights violation. The court criticized the "non-application of mind" and warned against an "Orwellian Dystopia," holding bureaucrats accountable. Judges emphasized constitutional loyalty over political executive, citing peaceful assembly rights and exposing fabricated arrest timelines. Chaudhary remains in custody for related cases.

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"Loyalty to Constitution, Not Political Executive": Allahabad HC Scolds Noida DM Over Student’s NSA Detention in Workers' Protest
Noida Workers Protest on Fair Wages and Better Working Hours

The Allahabad High Court has struck down the National Security Act detention of Delhi University student Akriti Chaudhary, ordering Uttar Pradesh officials to pay ₹5 lakh in compensation directly from their personal salaries.

A bench comprising Justices Atul Sreedharan and Achal Sachdev ruled that the 24-year-old student activist’s continuous incarceration violated her fundamental rights under Article 21. Quashing the detention order issued by Gautam Buddha Nagar District Magistrate Medha Roopam, the court described the move as a complete non-application of mind and warned that rogue administrative actions risk turning the state into an Orwellian Dystopia.

Pay Deductions and Service Record Entries

Holding bureaucrats directly accountable, the High Court directed that the ₹5 lakh compensation be recovered proportionally from the monthly paycheques of DM Medha Roopam, senior district administration personnel, and the station house officer who drafted the original police dossier.

The court further instructed that official notes detailing serious judicial displeasure be permanently entered into the service records of every officer involved. The judges reportedly reminded civil servants that their loyalty lies strictly with the Constitution rather than the political executive, cautioning that unchecked police overreach mirrors the oppressive vestiges of colonial rule.

State Power vs Personal Liberty

Chaudhary was initially taken into custody during a Noida workers' demonstration in April demanding fair wages and better working hours. Local police later slapped NSA charges against her, alleging a conspiracy to trigger widespread violence.

However, the bench noted that Chaudhary had no prior criminal antecedents and found zero material evidence linking her to any unlawful acts. The judges emphasised that peaceful assembly and public agitation remain constitutional guarantees, remarking that suppressing lawful assembly out of an assumed fear of disorder amounts to throwing the baby out with the bathwater.

Fabricated Arrest Timeline Exposed

The court highlighted severe discrepancies in the state machinery's account of events. While authorities recorded her arrest on April 12, evidence presented by the defence proved officers detained her at the Botanical Garden Metro Station around 5.30 pm on April 11.

A key preventative notice submitted by the police contained a General Diary entry number generated hours after her actual detention. The bench termed the entire administrative procedure ex post facto and nothing more than a sham designed to justify illegal custody.

Despite the quashing of her NSA detention, Chaudhary remains in judicial custody pending bail applications in separate underlying criminal cases linked to the April agitation.