SC ने नोइडा DM को Rs 5 लाख दंड से मुक्ति दी

IndiaSC stays Allahabad HC order directing Noida DM to pay Rs five lakh in DU student detention case

Roopam has challenged the Allahabad High Court's verdict quashing Chaudhary’s detention and imposing a Rs 5 lakh compensation to be recovered from her salary.

NEW DELHI: In a major relief to Noida DM, Medha Roopam, the Supreme Court on Wednesday stayed the Allahabad High Court's order directing her to pay Rs 5 lakh compensation for the alleged illegal detention of DU student Akriti Chaudhary during the Noida workers’ protest.

A two-judge bench of the apex court, headed by Justice Satish Chandra Sharma and also comprising Justice N Kotiswar Singh,, which has reserved its decision on the issue in the morning hours, pronounced the order in the evening.

In the Chaudhary NSA (National Security Act) detention case, the Supreme Court on Wednesday, during the hearing, orally observed that Gautam Buddha Nagar District Magistrate, Roopam, cannot be viewed in isolation if the detention order was the outcome of a five-stage process involving several authorities.

Roopam has challenged the Allahabad High Court's verdict quashing Chaudhary’s detention and imposing a Rs 5 lakh compensation to be recovered from her salary.

During the hearing on Wednesday, Senior Advocate Mukul Rohatgi, representing the Uttar Pradesh State, submitted to the apex court that the "DM acted on police reports", channelled through the SHO, DCP and Commissioner, besides subsequent review by the NSA Advisory Board.

"She (Roopam) acted on many people's reports and advice and inputs, please take all these aspects into consideration," he further contended before the top court bench.

The Solicitor General Tushar Mehta, senior law officer also appearing for the UP government, argued that for Roopam, five procedural stages preceded the order and the DM formed her subjective satisfaction only after statutory safeguards.

The Court also noted that where the chain moves “from top to bottom”, the DM cannot be isolated for liability. “We can’t isolate her… as fine of Rs 5 lakh”, it observed orally while deferring the pronouncement in the case.

The Gautam Buddh Nagar District Magistrate (DM) Roopam, has filed an appeal in the Supreme Court on September 13, challenging the Allahabad High Court's direction that Rs 5 lakh compensation must be recovered from her personal salary, which is to be given to the DU student, Chaudhary whose detention under the NSA was found to be illegal.

Earlier the HC Bench of Justices Atul Sreedharan and Achal Sachdev had on September 2 quashed the NSA detention of Chaudhary, who had spent nearly five months in custody.

The HC had, in its order came down heavily on her and directed the authorities to pay Rs 5 lakh compensation to the student, Chaudhary, with the amount to be duly recovered from the DM's salary.

Chaudhary, 24, a law student, was detained under the NSA in connection with the workers' protest in Noida in April. The workers were protesting seeking higher wages. She was arrested on April 12 in the case, and the NSA was invoked in May against her. The HC had said that the detention order was based on a concocted story and termed DM's conduct despotic.

The HC said continued incarceration under NSA violated her fundamental right under Article 21 right to life and personal liberty. It said the detention order and grounds were devoid of material.

The DM Roopam, the daughter of the current CEC Gyanesh Kumar, separately appealed against the ruling, particularly against the direction imposing financial liability on her and entry of displeasure in service records.

The New Indian Express

www.newindianexpress.com

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