The Greater Noida executive magistrate who issued a show-cause notice requiring a Gautam Buddha University student to furnish a personal bond of ₹5 lakh in connection with an alleged campaign to mobilise students for a protest has been suspended, says
a report from LiveLaw.
Solicitor general (SG) Tushar Mehta told a bench headed by chief justice of India (CJI) Surya Kant about the suspension while responding to a writ petition filed by student Akshat Tripathi, who challenged the proceedings initiated against him under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The development came a day after the matter was mentioned before the chief justice, who indicated that he had taken a strong view of the notice and sought the state's response.
Senior counsel PV Dinesh, appearing for Akshat, mentioned the petition before the bench during the hearing of other matters relating to the student protests. He urged the court to take up the matter, saying, 'A strong message must go to the officers'.
According to the petition, the notice accused Akshat Tripathi of engaging in what it described as 'anti-government misleading talks' among students and of encouraging them to participate in a proposed dharna by the Cockroach Janata Party (CJP).
The proceedings were initiated under provisions of the BNSS dealing with preventive action to maintain public order.
The petition states that the notice invoked Section 126 of the BNSS, which enables an executive magistrate to require a person to furnish security for keeping the peace where there is information that the person is likely to commit a breach of peace or disturb public tranquillity. It also referred to Section 135, which provides for an inquiry into the truth of such information.
The notice proposed that Akshat Tripathi furnish a personal bond of ₹5 lakh, along with two sureties of the same amount, for a period of six months.
The proceedings were reportedly based on a sub-inspector's report from Eco First police station. The report alleged that Akshat Tripathi was spreading and instigating anti-government misleading talks among students to encourage them to join the proposed CJP dharna.
The police report claimed that this had created tension among students and raised the possibility of fights, quarrels and a breach of peace and public order.
Akshat has disputed the allegations and argued that the notice did not identify any specific date, time, statement or overt act attributable to him that could establish an actual or imminent threat of violence.
He has also said that the material relied upon by the authorities was not supplied to him.
The student has also challenged the manner in which the proceedings were initiated. The notice was issued on 4th September and required Akshat Tripathi to appear before the executive magistrate on 5 September 2026. His petition argues that this gave him barely a day to understand the allegations, consult a lawyer and arrange two sureties of ₹5 lakh each.
The plea contends that such a short deadline violated principles of natural justice and made it practically difficult for the student to effectively respond to the proceedings.
He further argued that the preventive proceedings were inconsistent with an earlier Supreme Court order of 1st September concerning the student protests, which, according to the plea, quashed the FIRs arising from the protests and restrained coercive action against students.
The issue reached the Supreme Court after Mr Dinesh raised the matter before the bench headed by CJI Surya Kant.
The chief justice, referring to the previous day's mention, said he had taken a strong view of the matter and sought the state's response.
The solicitor general subsequently informed the bench that the executive magistrate had been suspended.
The suspension comes against the backdrop of the Supreme Court's scrutiny of the handling of student protests and the use of criminal or preventive proceedings against students.
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Three cheers for CJI.