India's Supreme Court has strongly condemned a Greater Noida executive magistrate for issuing a notice to a student participating in a protest, demanding an explanation for defying its earlier directive against penal action on student demonstrators.
Key Points
- The Supreme Court criticised a Greater Noida executive magistrate for issuing a notice to a student protester.
- Chief Justice of India Surya Kant questioned the magistrate's action, citing a previous court order against penalising student protesters.
- The apex court will seek an explanation from the magistrate regarding the notice, which was later revoked.
- The notice was issued under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to a Gautam Buddha University student.
- The Supreme Court had previously quashed all FIRs against students involved in CJP-led protests between July 20-25.
The Supreme Court on Wednesday came down heavily on the Greater Noida executive magistrate for issuing notice to a student for taking part in the Cockroach Janta Party-led Jantar Mantar protest, asking how the magistrate 'dared' to issue a notice despite the court's earlier order.
The apex court said it would seek explanation from the Greater Noida executive magistrate over the issue.
Chief Justice of India (CJI) Surya Kant said how the executive magistrate could issue such a notice when the top court has earlier directed that no penal action would be taken against students.
Supreme Court's Strong Stance on Student Protests
Senior Advocate Biswajeet Bhattacharya mentioned the matter before a three-judge bench led by CJI Kant, asserting that 'experiment' was being done with the students of India, and that the notice, which was also revoked subsequently, was contrary to the top court's September 1 order.
He submitted that the authorities are prima facie in contempt of court and a subsequent withdrawal cannot absolve them.
"You are absolutely right. There is no question of taking action against our youth.. We have passed a clear order," the CJI stated.
"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," added the CJI.
CJI Kant asked the senior lawyer to place the facts on record and said, "We will ask for explanation. Let him explain."
The bench also comprised Justices Joymalya Bagchi and V Mohana.
Background of the Incident and Previous Court Orders
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, adding the order was later revoked.
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).
On September 1, the top court quashed all FIRs registered against students who participated in the CJP-led protests across the country between July 20 and 25.
The bench headed by CJI Kant had also directed the Centre to provide within three months compensation to families of students who ended their lives over the NEET paper leak.
Closing the criminal proceedings against the protesters at the Centre's request, the bench had said, "Keeping in view the future prospects of the young protesters, we invoke our powers under Article 142 of the Constitution to do complete justice."
The CJP-led march on July 20 in Delhi saw clashes between protesters and security personnel, who used lathis and teargas shells to disperse crowds attempting to move towards Parliament.
