CJP Protest: SC pulls up Greater Noida magistrate for notice to second-year student

The Supreme Court has questioned the Greater Noida Executive Magistrate over a notice issued to a second-year student of Gautam Buddha University in connection with the Cockroach Janata Party (CJP) protests, despite the court’s earlier direction barring coercive action against students linked to the protest or march. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana took strong exception to the notice during oral mentioning. The matter was brought before the court after the student was issued the notice on the basis of a report submitted by the Noida Police.

“How could a Magistrate dare to issue notice? We made it clear no coercive action against any student. No Magistrate could violate that order,” the CJI said.

The lawyer appearing for the student told the bench that the student had been directed to show cause why he should not be required to furnish a personal bond of Rs 5 lakh along with two sureties of a similar amount to ensure preservation of peace.

The apex court questioned how such a notice could have been issued when the court had already passed orders concerning criminal proceedings arising from the CJP protests and had barred coercive action against students.

The bench directed the lawyer to place the notice on record through a petition and said it would seek an explanation from the concerned authority. The lawyer informed the court that the notice had subsequently been withdrawn after the matter was reported in the press.

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Notice issued on September 4, withdrawn next day

The latest matter concerns a second-year student of Gautam Buddha University in Greater Noida. The student had earlier been issued a notice by the Executive Magistrate over his alleged involvement in campaigning for participation in a proposed CJP protest.

The notice to Gautam Buddh University student Akshat Tripathi was issued on September 4 and withdrawn the following day, according to the matter placed before the Supreme Court.

The notice accused Tripathi of spreading anti-government information and encouraging students to participate in the CJP protest at Jantar Mantar. It was issued by the Executive Magistrate III, Greater Noida, based on a police report.

A September 7 report had said Tripathi received the notice through WhatsApp from sub-inspector Shiva Pandey at around 8 pm on September 4. The notice required him to appear before the authorities in connection with the proceedings. The report also said the order was issued under Sections 126 and 135 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The earlier report quoted Tripathi as saying that the university had remained closed since May for summer break, with online classes being conducted during the period. He said he had left the campus before the CJP protest and had not been there for around three months.

No action against students

The development comes days after the SC on September 1 invoked its extraordinary powers under Article 142 of the Constitution to quash cases against students arising from CJP protests.

According to the court order, FIRs registered between July 20 and 25 across states and Union territories in connection with the protests were not to be pursued or investigated and were to be treated as closed for all purposes. The court had also directed that no fresh action should be taken against any student in relation to the protests.

The CJP protests were linked to allegations concerning examination paper leaks and had included student mobilisation at Delhi’s Jantar Mantar.

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SFI calls action attack on student leaders

Tripathi is an Uttar Pradesh state committee member of the Students’ Federation of India (SFI). The organisation had described the action against him as part of a pattern of administrative pressure on student activists.

SFI's Uttar Pradesh State Secretary Abdul Wahab had said Tripathi was the secretary of the SFI unit at Gautam Buddha University and had been raising issues related to hostels, fees, academics and other administrative matters.

During Wednesday’s proceedings, the Supreme Court expressed surprise over the Greater Noida magistrate’s action in light of its September 1 order.

The court said it would seek an explanation from the Gautam Buddh Nagar district and executive magistrates regarding the notice issued to the student on September 4. The Supreme Court’s response on Wednesday puts the focus on whether the Greater Noida authorities’ action was consistent with the court’s September 1 directions.

(With ANI inputs)