The Supreme Court on Wednesday questioned the Greater Noida executive magistrate over a notice issued to a student who allegedly took part in a Cockroach Janta Party-led protest at Delhi’s Jantar Mantar,
saying the action appeared inconsistent with an earlier order protecting students from penal action.
A three-judge bench headed by Chief Justice of India Surya Kant said it would seek an explanation from the magistrate after the matter was brought before it by a lawyer. Justices Joymalya Bagchi and V Mohana were also part of the bench.
The lawyer told the court that an “experiment” was being conducted on students and alleged that the notice issued to the student was in breach of the Supreme Court’s directions. The notice was subsequently withdrawn.
CJI Questions Magistrate’s Move
CJI Kant questioned the basis for issuing the notice despite the court’s earlier directions.
“”How could a Magistrate dare to issue notice? We made clear no coercive action against any student! No Magistrate could violate that order,” the CJI asked.
“You are absolutely right. There is no question of taking action against our youth.. We have passed a clear order,” the CJI stated.
The Chief Justice further questioned how the executive magistrate could proceed against a student when the top court had already directed that students should not face penal action.
Also Read: Greater Noida Student Slapped With Rs 5-Lakh Fine For Joining CJP Protest, SFI Condemns Move
“We are surprised how the magistrate can issue a notice when we have already annulled.. No penal action against any student. It was a clear-cut order,” added the CJI
The bench asked the lawyer to place the relevant facts on record and indicated that the magistrate would be called upon to explain the action.
“We will ask for an explanation. Let him explain,” the court stated.
What Is The Case
The case concerns Akshat Tripathi, a student of Gautam Buddha University (GBU), who was served a notice by the Greater Noida Executive Magistrate on September 4. The notice, issued under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), sought a personal bond of Rs 5 lakh to ensure maintenance of peace.
Officials later revoked the notice.
Tripathi has denied the allegation that he was involved in any unlawful activity, saying he had participated in the Jantar Mantar protest peacefully and was not attending university classes when he took part in it.
With inputs from PTI
