Allahabad HC reprimands Noida DM over student’s NSA detention

The Allahabad High Court quashed the preventive detention of a 25-year-old student activist under the National Security Act (NSA) by the Noida District Magistrate. The court criticised the magistrate for violating her oath and detaining the student without proper evidence, warning that such actions could turn Uttar Pradesh into an Orwellian dystopia.

In a 15-page order, the High Court said the district magistrate detained the petitioner only to set an example and deter others from exercising their right to freedom of speech and expression in public spaces supporting labourers. The bench of Justices Atul Sreedharan and Achal Sachdev found the detention order devoid of material evidence and passed without application of mind.

The court observed that the police report contained only allegations against the student and it was the magistrate’s duty to examine the record thoroughly before ordering such stringent action. It described the conduct of the District Magistrate of Gautam Buddha Nagar as worthy of derision and said bureaucrats who fail citizens are seen as oppressive vestiges of the British Empire, arousing angst and hatred.

The court warned that if errant officials continue such behaviour, it would reduce Uttar Pradesh to an Orwellian dystopia. It also held the magistrate guilty of violating her oath of allegiance. The ruling emphasised that loyalty is towards the Constitution and not the political executive.

The case involved a student who was detained during protests by workers in Noida. The court noted that the student was not initially named in the FIR but was later inserted as an accused. It also mentioned that prima facie, the video evidence appeared morphed or AI-generated and not from Noida. The court stressed the need for strong electronic and videographic evidence and accountability of all officers involved, including the Station House Officer.