The daughter of Chief Election Commissioner Gyanesh Kumar, Medha Rupam, faced severe censure from the court for illegally incarcerating a meritorious student. The Allahabad High Court observed that such action by the Gautam Buddh Nagar District Magistrate could push Uttar Pradesh towards an oppressive society as imagined by George Orwell, or an ‘Orwellian Dystopia’. The court quashed the stringent National Security Act (NSA) imposed on Delhi University social work student Akriti Choudhary. The bench also directed that a compensation of Rs 5 lakh be paid from the personal salaries of DM Medha Rupam and the concerned police officers.
A bench of Justice Atul Sridharan and Justice Achal Sachdev made it clear that the stringent law was applied unconscionably without any evidence. This violated the fundamental right to personal liberty of a citizen guaranteed under Article 21 of the Constitution. Drawing a parallel to government repression and surveillance in George Orwell’s novels, the court said that such autocratic actions by the bureaucracy are extremely dangerous for democracy.
It may be noted that Akriti Choudhary was arrested in April for her alleged involvement in a peaceful protest by workers in Noida demanding better wages. Subsequently, on May 13, based on a report by the Uttar Pradesh Police, District Magistrate Medha Rupam invoked the NSA against her, as a result of which the student had to spend the last five months in jail without any fault.
During the hearing, the bench expressed its anguish, stating that a student was made a target of a show of strength to curb the freedom of speech of citizens. The court reminded that the loyalty of bureaucrats and police officers should not be to any political executive but to the Constitution. The High Court also directed that its displeasure against DM Medha Rupam and the police officers who prepared false documents be entered into their service records.
