Noida DM plea: Supreme Court revises order, doesn’t stay quashing of student’s NSA detention

These paragraphs relate to the High Court’s strictures against Roopam including that her “conduct… is worthy of derision” and that she “is guilty of violating her oath of allegiance” to the Constitution, and the direction for the Rs 5-lakh compensation payment from her salary.

The initial version of the order passed Wednesday had said: “After hearing learned Senior Counsel 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.” This had led to confusion whether the stay also applied to the quashing of Chaudhary’s detention under the NSA.

Lodged in Kasna Jail, Chaudhary was arrested in connection with a protest by workers in Noida in April this year. She was subsequently also booked under the NSA.

By its September 2 order, the High Court, while quashing the NSA detention, also pulled up Roopam over the manner in which she passed the order detaining the 25-year-old student and directed payment of Rs 5 lakh from her salary as compensation. It also cautioned that unchecked abuse of power by Uttar Pradesh police and officials risked reducing the state to an “Orwellian Dystopia”.

It said the “casual and cavalier exercise of authority” by the State, through the District Magistrate of Gautam Buddha Nagar, had “violated the constitutional rights” of the petitioner.

The High Court said “the District Magistrate desired to set an example out of the petitioner and deter others from exercising their right to freedom of speech and expression in public spaces in support of the labourers”.

Roopam challenged this before the Supreme Court, contending that the High Court had passed the strictures without hearing her.