The Uttar Pradesh government will approach the Supreme Court against an Allahabad High Court order that quashed the detention of Akriti Chaudhary under the National Security Act (NSA) and reprimanded Gautam Buddha Nagar District Magistrate Medha Roopam.
Solicitor General Tushar Mehta informed a Supreme Court Bench headed by Chief Justice of India Surya Kant that the High Court ruling would be challenged before the apex court. The District Magistrate is also expected to file a separate appeal against the order, Bar and Bench reported.
High Court had quashed NSA detention
On September 2, a Division Bench of Justices Atul Sreedharan and Achal Sachdev of the Allahabad High Court set aside Chaudhary's detention and ordered compensation of Rs 5 lakh.
The court directed that the compensation be recovered from the salary of the District Magistrate and other officers responsible for preparing the report that resulted in Chaudhary's detention under the NSA.
The High Court had criticised the manner in which the detention order was passed, observing that the police report did not contain credible material to justify such action. It said the officer was expected to examine the records carefully before invoking the "oppressive provisions" of the NSA.
The court also said Roopam's conduct in the matter was worthy of derision.
Chaudhary detained over Noida workers' protest
Chaudhary, a History graduate from Delhi University, was detained in connection with a protest by industrial workers in Noida in April. She remains in custody and is facing several criminal cases linked to the protest.
Her detention was challenged through a habeas corpus petition before the Allahabad High Court. After examining the material placed before it, the court concluded that there was no sufficient basis for invoking the NSA against her.
Court's message to bureaucrats
The ruling also contained strong observations concerning the duties of IAS and IPS officers. The High Court said their loyalty was to the Constitution rather than the political executive.
It further observed that whenever bureaucrats or police officers ignored their oath and allegiance to India and its Constitution, they risked being seen by citizens as an oppressive vestige of the British Empire.
The court also warned that failure to act against excesses by bureaucrats could push the State towards an Orwellian Dystopia.
The Uttar Pradesh government's proposed Supreme Court appeal will now place the High Court's findings on Chaudhary's detention before the apex court.