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The CJI also pointed out that the Supreme Court had specifically directed that no action should be taken on the FIRs that had already been registered (Express File Photo by Abhinav Saha)
A 20-year-old second-year law student at the Gautam Buddha University, who allegedly participated in the Cockroach Janta Party (CJP) protests in July, was served a notice last Friday by the Greater Noida Executive Magistrate seeking a personal bond of Rs 5 lakh to ensure that he will preserve peace, police said.
The police on Tuesday also said that they had revoked the order a day later after investigating the claims.
This comes days after the Supreme Court on September 1 quashed all the FIRs filed against people who participated in CJP protests between July 20 and 25, except those with criminal antecedents.
The notice, dated September 4, was sent to Akshat Tripathi, who hails from Jhusi in Allahabad but resided in Ecotech-1, under Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 130 which empowers the Magistrate to pass an order for executing a bond for good behaviour as a preventive measure. This followed proceedings initiated under BNSS Section 126 (for wrongful restraint) and Section 135 (which empowers the Magistrate to conduct an inquiry to ascertain the facts and circumstances under which execution of bond for good behaviour might be necessary).
According to a police report, Tripathi was “spreading anti-government, misleading statements among other university students and provoking them” that could “disrupt public peace”.
The notice ordered Tripathi to show cause as to why he should not be bound down to maintain peace for six months by executing a personal bond of Rs 5 lakh and two local, solvent sureties of equal amount.
An hearing was scheduled for September 5
Tripathi, who is currently in Allahabad, denied the allegations. “I have not gone to the university since the last three months. A two-month holiday started on May 25. Over the last month, our classes shifted to online mode due to some maintenance work in the campus. I was working at the Allahabad High Court in July. How could I go to the university and provoke people?” he told The Indian Express.
Reacting to the notice served to Tripathi, CJP co-convener Saurav Das wrote on X: “ Has the DM Gautam Buddha Nagar not read the historic September 1 order of the Supreme Court? All protesters have a permanent blanket immunity from any legal action for their participation in CJP protests. Akshay Tripathi need not execute bail bond of 5 lakh rupees.”
“We have asked the Union Government to immediately act accordingly and send a copy of the judgment to the learned DM. We will not allow any student to be targeted,” the post also read.
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