Gautam Budh Nagar DM challenges Rs.5L compensation in SC
New Delhi, Sept. 14 -- Gautam Budh Nagar district magistrate Medha Roopam has moved the Supreme Court challenging an Allahabad high court order directing Rs.5 lakh compensation to a Delhi University student for her illegal preventive detention under the National Security Act, with the amount ordered to be recovered from the IAS officer's salary.
Roopam's petition, filed on September 10, comes days after solicitor general Tushar Mehta told the Supreme Court that the Uttar Pradesh government would challenge the high court judgment that quashed the detention of 25-year-old history graduate Akriti Chaudhary. The DM's challenge is understood to focus particularly on the direction fastening monetary liability on her personally, besides strictures against her.
The petition is yet to be listed before the Supreme Court.
In its September 2 judgment, the Allahabad high court ordered Chaudhary's immediate release after finding that her detention under NSA was based on a "concocted" story put together by state authorities. It directed payment of Rs.5 lakh compensation to her and ordered the amount to be recovered from the DM's salary.
A bench of justices Atul Sreedharan and Achal Sachdeva said Roopam's conduct was "worthy of derision" and appeared to indicate an attempt to "set an example" out of Chaudhary, a student activist, to deter others from participating in protests.
Describing the preventive proceedings as "ex post facto the arrest and nothing more than a sham", the court said the state had offered no satisfactory explanation for what it termed the "visible fabrication in the record".
It examined WhatsApp chats, videos, case diary entries and other material relied upon by the authorities but found no evidence that Chaudhary had incited people to riot, commit arson or damage public or private property.
In a sharp warning, the court said IAS and IPS officers must remember that their loyalty was to the Constitution and not the political executive. Continued "despotic" conduct by "errant" bureaucracy, it said, could reduce UP to "an Orwellian dystopia"....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.