‘Orwellian Dystopia’: Allahabad HC slams DM for student activist’s detention
Court says detaining DU student under NSA violates her fundamental rights, asks Gautam Buddha Nagar DM to pay compensation from her salary
Quashing the detention of a Delhi University student arrested during the Noida workers’ protest in April, the Allahabad High Court has admonished Gautam Buddha Nagar District Magistrate Medha Roopam for the “despotic” act, warning that such detentions could reduce Uttar Pradesh to an “Orwellian Dystopia”.
The phrase, borrowed from George Orwell’s book Nineteen Eighty-Four, refers to a totalitarian society where curbs on free speech and mass surveillance are the norm.
Compensation to be paid from DM’s salary
A bench of Justices Atul Sreedharan and Achal Sachdev called the detention and jailing of 25-year-old Akriti Chaudhary under the stringent National Security Act (NSA) a violation of her right to life and personal liberty under Article 21 of the Constitution. The court said the grounds for the activist's detention showed “non-application of mind.”
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While allowing Chaudhary's habeas corpus on Wednesday (September 2), the bench found that her detention was based on a story "concocted" by the state and directed her immediate release if she was not required in any other case.
The bench ordered compensation of Rs 5 lakh to be given to Chaudhary, categorically stating that it should come from the salaries of District Magistrate (DM) Roopam and other officers responsible for the activist’s detention, “right down to the SHO”.
Issuing a warning to the DM and her colleagues, the court said that continued “despotic” conduct by “errant” bureaucracy could reduce Uttar Pradesh into an Orwellian Dystopia.
Court asks for evidence, points to gaps
During the September 2 hearing, the state had alleged that Chaudhary instigated protesters to resort to arson and stone-pelting. However, the court questioned the absence of proper material, particularly video footage, showing her allegedly instigating protesters.
When the state sought additional time to produce the video footage, the bench declined, noting that she had already spent five months in jail.
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The bench also observed that a proper notice under Section 126 of the Bharatiya Nagarik Suraksha Sanhita had not been served on her and that the General Diary entry appeared to indicate that she had already been arrested before the notice was prepared.
Meanwhile, Gautam Buddh Nagar police officials said Chaudhary's release may not be immediate as some other cases related to the same episode are still pending against her.