The Allahabad High Court has quashed the National Security Act (NSA) detention of 25-year-old Delhi University graduate Aakriti Chaudhary, sharply criticising.
The Uttar Pradesh authorities for what it described as an excessive and casual exercise of state power. In its 15-page order, the bench of Justice Atul Sreedharan and Justice Achal Sachdev warned that unchecked misuse of authority by the police and bureaucracy could turn Uttar Pradesh into an “Orwellian Dystopia”. The court quashed Chaudhary’s detention on September 2, with the detailed order made available later.
Chaudhary had been detained in connection with protests by workers in Noida around five months ago. The demonstrations, which were followed by violence, triggered a police crackdown involving 15 FIRs, with hundreds of people booked and at least 60 arrested.
Court questions police evidence
The police dossier relied partly on video footage showing a large gathering of men and women near lamp posts, along with footage of a person apparently addressing the crowd.
The court rejected the suggestion that the footage established a threat to public order. It noted that the videos did not show an agitated or armed crowd carrying sticks, stones or other objects that could be used for violence.
Instead, the bench observed that the people appeared to be exercising their constitutional rights to freedom of speech and protest while raising demands for higher wages and humane working hours.
Sharp criticism of officials
The court also expressed strong displeasure over the manner in which the District Magistrate of Gautam Buddha Nagar and police officials prepared the dossier against Chaudhary.
It said the conduct of the officials should be recorded in their service records, while observing that the “casual and cavalier” exercise of authority had infringed the petitioner’s constitutional rights.
The bench further held that Chaudhary was entitled to compensation and awarded her Rs 5 lakh for the violation of her rights.
‘Orwellian Dystopia’ warning
In a strong message to the state machinery, the court said officials who faithfully perform their duties can earn the respect of citizens. However, those who disregard their constitutional obligations and act oppressively risk creating public anger and civil unrest.
The court warned that unless such excesses and illegalities are checked, particularly those affecting citizens’ civil liberties without adequate cause or due process, errant officials could eventually reduce Uttar Pradesh to an “Orwellian Dystopia”.
The ruling comes as families of several people arrested following the Noida protests continue to await clarity over their cases. Those booked include people from varied backgrounds, including a mason, a history graduate, an NIT graduate and employees of private companies.
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