The Supreme Court on Wednesday said it will ask authorities in Greater Noida to explain why a notice was issued to a second-year student over his participation in the recent Cockroach Janata Party (CJP) led protests in Janatar Mantar, despite the top court's direction to close all criminal proceedings initiated over these protests.
A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana today pointed out that the Court's earlier order clearly laid down that no further criminal action should be taken over participation in these protests.
"No penal action against students. The language is very clear in our order," CJI Kant said.
Senior Advocate Biswajeet Bhattacharya mentioned the matter this morning before the Court.
He submitted that an Executive Magistrate in Greater Noida issued the notice to a student who participated in the CJP protests, acting on inputs from the Noida Police. This was done in clear defiance of the apex court’s September 1 ruling, he said.
"This is an experiment being played with the students of India, and therefore, it would have an all-India implication," Bhattacharya added.
The said September 4 notice was reportedly withdrawn later. However, Bhattacharya told the Court that no official order had been served informing of the notice's withdrawal. The withdrawal was only reported in the media, he said.
He asserted that the Greater Noida authority had acted in clear contempt of the Supreme Court's September 1 order. Retracting the notice does not absolve the authorities of such overreach, he said.
"Contempt first and withdrawal next. Contempt cannot be purged. 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," said Bhattacharya.
"We will ask the District Magistrate to explain. We will ask," assured CJI Kant.
The controversial notice was issued by the Executive Magistrate III at the Greater Noida Commissionerate in Gautam Buddha Nagar to a student named Akshat Tripathi.
The notice was issued after the local police claimed that Tripathi was spreading anti-government propaganda and inciting other students to participate in CJP protests.
The notice said that the police's inputs had led to an apprehension that Tripathi may disrupt peace. Therefore, the Executive Magistrate called on Tripathi to show cause as to why he should not be directed to furnish a ₹5 lakh bond and two sureties to ensure that no such breach of peace occurs in the next six months.
However, according to
reports, the notice was revoked the same day.
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