‘How could a magistrate dare...?’: SC furious over notice to Noida student
Supreme Court questions Greater Noida magistrate’s notice to a student over CJP protests, despite its earlier order against coercive action
The Supreme Court on Wednesday (September 9) took strong exception to the notice issued to a student by the Greater Noida Executive Magistrate under Section 130 of the Bharatiya Nagarik Suraksha Sanhita for allegedly campaigning for participation in Cockroach Janata Party (CJP)-led protests.
A Bench led by the Chief Justice of India Surya Kant said that it would seek an explanation from the concerned magistrate over the issuance of the notice despite the top court’s earlier order quashing all FIRs against protesters barring those with serious criminal antecedents.
Mentioning the matter orally before the bench, senior advocate Bishwajit Bhattacharyya submitted that the notice was issued to a second-year student of the Gautam Buddha University directing him to show cause for not furnishing a personal bond of Rs 5 lakh so as to ensure that he will preserve peace.
SC questions notice to student
"Notice was issued to a 2nd year student by Ex. Magistrate of Greater Noida on input of Noida police...it was about to be executed...later on it came in the press that it has been withdrawn. This is an experiment with students of India. This is prima facie contempt. Authorities of Noida and UP can't create fear psychosis among students," stated the lawyer as quoted by Live Law.
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Expressing displeasure over the magistrate’s action, the CJI asked how such a notice could be issued. "How could a Magistrate dare to issue notice? We made clear no coercive action against any student! No Magistrate could violate that order,” he added.
At this juncture, Justice Joymalya Bagchi asked if the notice had been withdrawn and what cause of action has survived.
Lawyer calls notice contempt
"It is contempt of the majesty of this Court. This is the highest court of the country, which is holding the court of our democracy," responded the lawyer.
The CJI then asked the lawyer to bring the notice on record through a petition, adding that the Court will seek an explanation from the concerned authority.
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A student of Gautam Buddha University (GBU), who allegedly participated in a CJP-led protest at Delhi's Jantar Mantar, was served a notice by the Greater Noida Executive Magistrate seeking a personal bond of Rs 5 lakh for maintaining peace, officials said on Tuesday (September 8), adding that the order was later revoked.
Student denies protest allegations
The student, Akshat Tripathi, however, denied the allegations and claimed that he had participated in the protest peacefully and was not attending university classes at the time.
The notice was issued on September 4 under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). (With agency inputs)