The Solicitor General of India, Tushar Mehta, informed the Supreme Court on Wednesday that the Allahabad High Court’s recent judgment quashing the detention of a Delhi University student under the National Security Act (NSA) will be challenged.
According to the Live law report, the High Court had set aside the detention order issued by the Noida District Magistrate in connection with a workers' protest in Noida. It had also directed that ₹5 lakh be paid as compensation to the student, with the amount to be recovered from the personal salary of Noida District Magistrate Medha Roopam.
The High Court had strongly criticised the District Magistrate's decision, observing that the detention order was passed without proper application of mind. It had described the conduct of the District Magistrate as "worthy of derision."
SG says Allahabad HC order will be challenged
Solicitor General Tushar Mehta made the statement before a Supreme Court bench headed by Chief Justice of India Surya Kant during proceedings concerning a separate action against a student of Gautam Buddha University in Greater Noida.
The clarification came after the Chief Justice referred to the Allahabad High Court's decision quashing the NSA detention order issued by the Noida District Magistrate.
"That we are challenging," the Solicitor General told the bench.
The SG's statement makes clear that the Uttar Pradesh government or concerned authorities will challenge the High Court's ruling, including its findings concerning the detention order.
Supreme Court questions Greater Noida Magistrate's action
The exchange took place during proceedings concerning a show-cause notice issued by the Greater Noida Executive Magistrate to a Gautam Buddha University student in connection with a proposed CJP protest.
Senior Advocate Bishwajit Bhattacharyya had orally mentioned the matter before the Chief Justice-led bench earlier in the day.
The Supreme Court had previously directed that no coercive action should be taken against students for participating in the CJP protests. Taking serious note of the fresh notice, CJI Surya Kant questioned how a Magistrate could issue such an order despite the Court's earlier directions.
The matter concerns a notice issued by the Greater Noida Executive Magistrate and not by the Noida District Magistrate.
SG clarifies Noida DM did not issue notice
When the matter was mentioned again before the bench before the lunch break, Solicitor General Tushar Mehta said the Noida District Magistrate was receiving a large number of media queries regarding the controversy.
The SG clarified that the show-cause notice to the Gautam Buddha University student had not been issued by the Noida District Magistrate.
Instead, it was issued by the Greater Noida Executive Magistrate.
The Chief Justice, while referring to the earlier Allahabad High Court ruling on the NSA detention of the Delhi University student, then asked about the government's position on that judgment.
The Solicitor General responded that the Allahabad High Court's order would be challenged.
