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A timely rap on arbitrary arrests

The Allahabad High Court’s sharp rebuke of a top district official in Uttar Pradesh and its critical comments on the preventive detention of a Delhi University student in April under the National Security Act (NSA) should serve as a warning to the bureaucracy. The court not only quashed Akriti Chaudhary’s detention but also awarded her Rs 5 lakh in compensation, to be deducted from the salaries of the officials concerned. The police claimed they had evidence of the student-activist inciting workers who staged protests in Noida in April demanding a wage hike. However, the court found no such evidence and determined the police had fabricated the records to implicate her. Justices Atul Sreedharan and Achal Sachdev of the division bench noted that District Magistrate Medha Roopam passed the detention order without “application of mind” and termed her conduct “worthy of derision”.

The court said the magistrate violated her oath of office and may have tried to make an “example” of the student. This is a severe indictment of the bureaucrat expected to act according to law and established processes. The court found several factual, chronological, and procedural discrepancies that exposed the detention as predetermined and illegal. WhatsApp messages and videos presented as evidence in court could not support the charges. The court described the officials’ conduct as “despotic” and warned that such behaviour could turn the state into an “Orwellian dystopia”. The court’s stern action and strictures arrive as a welcome intervention at a time when normal democratic freedoms are under severe strain, and dissent and protests are routinely punished.

The case involved an alarming abuse of authority: a citizen’s participation in a protest was dubbed incitement, leading to her detention. By quashing the action, the court has sent a clear message to bureaucrats who take arbitrary measures to please their political masters. Courts have often hesitated to fix personal accountability on erring police officials and bureaucrats. Even judicial and constitutional offices are frequently found wanting in their duty to enforce the rule of law and protect vulnerable citizens, as seen when lower courts upheld the student’s unjust detention. This judgment throws a disturbing light on senior officials kowtowing to the regime of the day, discarding their sworn allegiance to the Constitution. The UP government’s decision to appeal the judgment only proves that the court’s warnings about an Orwellian state are all too real. (Source: DH)

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