'How Can Magistrate Issue Notice?' Why CJI Surya Kant Questioned Notice To Noida Student Over Jantar Mantar Protest

(MENAFN- Live Mint) The Supreme Court on Wednesday said it would seek explanation from the Greater Noida executive magistrate for issuing a notice to a student there over his participation in the CJP-led Jantar Mantar protest.

Chief Justice of India (CJI) Surya Kant questioned 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.

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A lawyer mentioned the matter before a three-judge bench led by CJI Kant, asserting that "experiment" was being done on students, and that the notice, which was also revoked subsequently, was contrary to the top court's order.

"You are absolutely right. There is no question of taking action against our youth.. We have passed a clear order," the CJI said, as per news agency PTI.

"We are surprised how can the magistrate issue a notice when we have already annulled.. No penal action against any student. It was a clear-cut order," added the CJI.

September 1, order

The CJI was referring to the court's September 1 order by which it invoked its extraordinary powers under Article 142 of the Constitution to bring to an end criminal proceedings arising from the protests led by the Cockroach Janta Party (CJP) in July. The court had then ordered that FIRs registered between July 20 and 25 across states and Union territories in connection with the protests would not be pursued or investigated and would be treated as closed for all purposes.

The bench, also comprising Justices Joymalya Bagchi and KV Mohanа, had also directed that no fresh FIR be registered in relation to the same incidents and made it clear that mere participation in the protests could not be treated as an offence under penal laws.

The order followed applications by the Centre through Delhi Police and the governments of Maharashtra, Assam, Bihar and West Bengal seeking quashing of criminal cases arising from the demonstrations.

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On Wednesday, CJI Kant asked the 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.

What was the case?

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 ₹5 lakh for maintaining peace, officials said on Tuesday, adding that the order was later revoked.

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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.

You are absolutely right. There is no question of taking action against our youth.. We have passed a clear order.

The notice was issued on September 4 under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

(With agency inputs)

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