How dare she issue notice: SC raps Greater Noida DM for action against students for joining CJP protest at Jantar Mantar
A three-judge Bench headed by Chief Justice of India Surya Kant said it would seek an explanation from the magistrate.
PTC News Desk: The Supreme Court on Wednesday came down heavily on Greater Noida official over a notice issue to a student who allegedly joined Cockroach Janta Party protest at Jantar Mantar in New Delhi, 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. 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 questioned how an executive magistrate could take action against a student when the Supreme Court had already directed that students should not face any penal action.
“We are surprised how the magistrate can issue a notice when we have already annulled it. There should be no penal action against any student. It was a clear-cut order,” the Chief Justice said.
The bench directed the lawyer to place the relevant facts before the court and indicated that the magistrate would be asked to explain the decision.
“We will ask for an explanation. Let him explain,” the court said.
The case
A student of Gautam Buddha University, who participated in a CJP protest at Jantar Mantar, has been ordered by the Greater Noida Executive Magistrate to submit Rs 5 lakh under provisions related to the alleged breach of peace.
The student, Akshat Tripathi, is also a member of the SFI Uttar Pradesh State Committee.
Tripathi received a notice under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) from the Greater Noida Executive Magistrate over his participation in the protest at Jantar Mantar.