The Lawyers Association for Constitution (LAFC) has written an open letter to CJI Surya Kant expressing concerns over the special treatment given to Noida DM Medha Roopam’s petition in the National Security Act (NSA) case against student activist Akriti Chaudhary. The association alleged that despite the prevailing roster, Roopam’s petition was specially assigned to a "particular bench".
What did the letter say?
“The case related to the detention under the National Securities Act and under the prevailing roster of sitting judges in the Supreme Court clearly did not fall before the court in which the matter was listed. It appears that the matter was specially assigned to a particular bench,” the LAFC said in its open letter to the CJI.
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The LAFC also highlighted that the issue is also eye-catching for the fact that the Noida DM is the daughter of the Chief Election Commissioner, Gyanesh Kumar. “The out-of-turn listing of the case has received special treatment and tends to set a wrong precedent,” the letter added.
The Allahabad HC has directed Noida DM Medha Roopam to pay Rs 5 lakh over the detention student activist Akritu Chaudhary under the National Security Act.
Previous reports said that the petitions were considered on September 23 by a bench comprising Justices Satish Chandra Sharma and NK Singh, despite the fact that, as per the roster in effect from July 13, they do not have the roster for preventive detention matters.
As per the July 13 roster of the apex court, the matters concerning habeas corpus and preventive detention have been assigned particularly to the first four benches led by CJI Surya Kant, Justice Vikram Nath, Justice BV Nagarathna and Justice MM Sundresh, respectively, in order of seniority.
Additionally, the roster mentioned that matters such as the Noida protest, to which DM Roopam’s petition is related, are being heard by a bench headed by Justice B
V Nagarathna.
The LAFC's open letter also questioned why the audio of the proceedings was muted and media access to the video feed was also blocked.
“Hearings in the court are public hearings. This is particularly facilitated by the video conferencing available to lawyers, journalists and litigants at large. The muting of the video conferencing facility in a matter which is important for media and the public as it concerns the detention of students under the NSA for participating in a protest in support of workers,” said the open letter.
‘Special listing has not enhanced confidence in the judicial process’
The LAFC wrote in the open letter they like to register our protest at the special preferential treatment given to the aforementioned issue. “The treatment given to the matter and its listing is of grave public concern. The special listing before a particular bench has also not enhanced confidence in the judicial process," the open letter added.
Who is Akriti Chaudhary?
Akriti Chaudhary is a history graduate from Delhi University who was arrested in a case related to the Noida workers’ protest in April. The UP police charged Chaudhary under the National Securities Act. She was one of several activists arrested in cases while protesting for the demand for higher wages among the workers.