SC asks Greater Noida magistrate to explain notice to student over Jantar Mantar protest

The Supreme Court on Wednesday questioned how a Greater Noida executive magistrate could issue a notice to a student who allegedly took part in the CJP-led Jantar Mantar protest, despite the court’s earlier direction that no penal action be taken against student protesters.

Chief Justice of India Surya Kant said the court was surprised that the magistrate had issued the notice and said an explanation would be sought.

“We are surprised how can the magistrate dare to issue a notice when we have already annulled and directed that no action will be taken.. No penal action against any student. It was a clear-cut order,” the CJI said.

Senior Advocate Biswajeet Bhattacharya mentioned the matter before a three-judge bench headed by CJI Kant, arguing that the notice was contrary to the Supreme Court’s September 1 order. He said the subsequent withdrawal of the notice could not absolve the authorities if the action amounted to contempt of court.

“You are absolutely right. There is no question of taking action against our youth.. We have passed a clear order,” the CJI said.

“We will ask for explanation. Let him explain,” he added.

The bench also comprised Justices Joymalya Bagchi and V Mohana.

The notice was issued on September 4 to Akshat Tripathi, a student of Gautam Buddha University, under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It sought a personal bond of Rs 5 lakh for maintaining peace. Officials said the notice was subsequently revoked.

Tripathi denied the allegations, saying he had participated in the protest peacefully and was not attending university classes at the time.

On September 1, the Supreme Court had quashed all FIRs registered against students who participated in CJP-led protests across the country between July 20 and 25.

The bench had invoked Article 142 of the Constitution, saying it was closing the criminal proceedings against the protesters while taking into account their future prospects.

The court had also directed the Centre to provide compensation within three months to the families of students who died by suicide over the NEET paper leak.

The CJP-led march in Delhi on July 20 had witnessed clashes between protesters and security personnel, with police using lathis and teargas shells to disperse protesters attempting to move towards Parliament.