New Delhi [India], September 23 (ANI): The Supreme Court on Wednesday stayed the Allahabad High Court judgment imposing ₹5 lakh costs on Gautam Buddha Nagar District Magistrate (DM) Medha Roopam over the issuance of a detention order against student-activist Akriti Chaudhary under the National Security Act (NSA) in connection with an alleged violent labour agitation in Noida.
A bench of Justices Satish Chandra Sharma and Nongmeikapam Kotiswar Singh stayed the operation of the said judgement and said that it shall remain stayed until the Court examines the merits of the case.
“After hearing learned Senior Counsels for the parties, this Court is of the opinion that till the matter is heard on merits, the operation of the impugned judgment, particularly, para Nos. 27 to 33 shall remain stayed”, the Court said
The Court listed the matter for further hearing on October 7.
The Court has issued notices to the respondent parties — activist Akriti Chaudhary, the Centre and the State of UP seeking their response on DM Roopam’s plea. It has granted respondents two weeks to file their replies.
The Court had earlier heard Senior Advocate Mukul Rohatgi, appearing for the State of Uttar Pradesh, the Solicitor General of India (SGI) Tushar Mehta representing the Noida DM and Senior Advocate Colin Gonsalves for student activist Akriti Chaudhary on her plea challenging the High Court judgment.
During the hearing, the Court questioned whether Roopam could be held personally liable when the detention proposal had passed through several levels of the administration.
“We can’t isolate her… as fine of Rs 5 lakh,” the Court orally observed.
Advocate Rohatgi submitted that the material on which the detention order was based had gone through the SHO, DCP and Commissioner before reaching the DM. He also pointed out that the NSA Advisory Board had subsequently examined the detention.
Mehta submitted that the DM was only one part of a five-stage process and had formed her opinion after the prescribed safeguards against such a detention were followed. He sought removal of the adverse observations against Roopam as well as the direction requiring recovery of ₹5 lakh from her salary.
Rohatgi also referred to the allegations arising from the labour agitation and material recovered from Chaudhary’s mobile phone, including WhatsApp exchanges, which the authorities relied upon to allege her involvement in inflammatory activity.
Gonsalves countered the State’s case and argued that the detention grounds did not establish how Akriti had actually contributed to the alleged disturbance of public order. He questioned the material relied upon by the authorities, including the WhatsApp conversations, and submitted that the State had failed to establish a sufficient link between Chaudhary and the alleged violence.
After hearing the parties, the Supreme Court stayed the operation of the High Court judgment until the matter is heard on merits.
Roopam had challenged the Allahabad High Court judgment dated September 2, which had quashed Akriti Chaudhary’s NSA detention and directed that ₹5 lakh be paid to her as compensation by deducting the amount from Roopam’s salary. The High Court had also passed adverse observations against the DM over the detention proceedings. (ANI)
Supreme Court stays HC verdict imposing ₹5 lakh fine on Noida DM Medha Roopam over students’ NSA detention order
