New Delhi: The Supreme Court on Wednesday expressed strong displeasure over a notice issued by an executive magistrate in Greater Noida to a student who had participated in a protest at Jantar Mantar led by the Campaign for Justice and Peace (CJP).
A bench headed by Chief Justice Surya Kant questioned how the magistrate could issue such a notice when the court had earlier made it clear that no punitive action should be taken against students participating in the protest.
“How did the magistrate dare issue the notice?” the Chief Justice said, stressing that no magistrate could act contrary to the Supreme Court’s directions.
The issue was brought to the bench’s attention by senior advocate Biswajit Bhattacharya. He argued that the action was creating fear among students and described the notice, which has since been withdrawn, as contrary to the Supreme Court’s order.
The CJI said the lawyer was correct and reiterated that there was no question of taking action against the students. The bench asked the lawyer to place the facts on record and said it would seek an explanation from the authorities.
The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana, said the authorities should be given an opportunity to present their side.
Student challenged notice in Supreme Court
Gautam Buddha University student Akshat Tripathi had challenged the notice issued by the Greater Noida executive magistrate. The notice required him to furnish a personal bond of ₹5 lakh along with two sureties of the same amount.
According to the report, Tripathi was accused of instigating fellow students to participate in the CJP-led protest. He denied the allegations and said he had participated in the demonstration peacefully.
The notice was issued on the basis of a police report under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The notice issued on September 4 has since been cancelled.
The Supreme Court has now sought an explanation from the authorities over the action taken against the student.
