Prayagraj: In a strongly worded order giving the detailed reasons for quashing the National Security Act (NSA) detention of Delhi University student activist Akriti Chaudhary, the Allahabad high court cautioned that errant bureaucrats could reduce Uttar Pradesh to an “Orwellian dystopia” and reminded civil servants that their loyalty lies with the Constitution and not the political executive.The 15-page order, made public days after the court quashed the NSA detention and awarded Rs 5 lakh compensation to Chaudhary on Sept 2, contains sharp criticism of the Gautam Budh Nagar administration and police for invoking the stringent preventive detention law against a student activist without adequate material.A division bench of Justice Atul Sreedharan and Justice Achal Sachdev observed that bureaucrats and police officers enjoy immense powers because they are entrusted with protecting the constitutional rights, dignity and welfare of citizens. “They must remember that their loyalty is towards the Constitution and not the political executive,” the court said.Warning against abuse of authority, the bench observed that when officials disregard their constitutional oath, they risk being perceived as “an oppressive vestige of the British Empire”, creating conditions for civil unrest. “It shall not be long before the errant in the bureaucracy reduce the State of Uttar Pradesh to an Orwellian Dystopia,” the court remarked.The bench was particularly critical of Gautam Budh Nagar DM Medha Roopam, who had approved the NSA detention. It held that where the police dossier contained only allegations and no credible supporting material, the district magistrate was expected to scrutinise the records threadbare before invoking the extraordinary powers available under the NSA.“The conduct of the district magistrate, Gautam Budh Nagar, who passed the impugned order, is worthy of derision,” the court observed.Chaudhary, a Delhi University graduate and activist, was booked following labour protests in Noida earlier this year. Examining the WhatsApp chats, videos and other material relied upon by the state, the court repeatedly sought evidence showing that she had incited violence, rioting, arson or destruction of property. According to the order, the state was unable to point to any such material.Instead, the bench found that the videos merely showed people gathering to demand better wages and humane working conditions. It noted that Chaudhary was a student activist with no criminal antecedents and there was nothing on record to suggest she had encouraged violence.The court went on to observe that the circumstances indicated an attempt to make an example out of Chaudhary in order to deter others from exercising their constitutional right to freedom of speech and expression in support of labourers.The judges also found inconsistencies in the state’s version of Chaudhary’s arrest. While she claimed she was picked up from Botanical Garden Metro Station on April 11, the state maintained she was arrested on April 12. Examining documents placed on record, the court concluded that a notice issued under Section 130 of the BNSS appeared to have been prepared after her arrest and described the exercise as a “sham”.The bench underscored that detention under the NSA is an exceptional measure and cannot become a substitute for ordinary criminal law. It described the grounds of detention as “repetitive, speculative and only opinion-based”, lacking supporting evidence.“The extraordinary power resulting in incarceration cannot be exercised lightly on the basis of surmises, biases, conjectures and opinions,” the court said.Making broader observations on democratic freedoms, the court held that freedom of speech and expression includes the right of citizens to gather peacefully in public spaces and agitate for their rights. Preventing such assemblies merely on the assumption that they may result in a breach of peace would amount to “throwing the baby out with the bath water”, it said.The HC also directed that its displeasure against the district magistrate and police officers involved in preparing the NSA dossier be recorded in their service records.
