Journalism of Courage
‘How did magistrate dare?’ Supreme Court on notice to student at CJP protest
A second-year student of Gautam Buddha University in Noida was issued a notice by the Greater Noida Executive Magistrate
CJP protesters and students at Jantar Mantar in New Delhi on July 20. (Express photo by Tashi Tobgyal)
The Supreme Court on Wednesday questioned how the Greater Noida Executive Magistrate could issue a notice to a student who allegedly participated in a Cockroach Janta Party (CJP) protest in July after the top court’s ruling protecting student protesters.
“We are surprised; how did the magistrate dare to issue a notice when we have already annulled, and we have directed that on already registered (FIRs), no action will be taken,” Chief Justice of India Surya Kant said after a lawyer flagged a newspaper report about the notice.
The lawyer told the bench, also comprising Justice Joymalya Bagchi and Justice V Mohana, that the Executive Magistrate had issued a notice to Akshat Tripathi, a second-year student of Gautam Buddha University in Noida. Tripathi was asked why he should not be bound to a personal bond of Rs 5 lakh to ensure he would keep the peace. The notice was later revoked.
The lawyer described the notice as an “experiment” being tried with students in India and said it would have an “all-India implication”. The lawyer contended that it “is prima facie contempt”. “Authorities of Noida, Uttar Pradesh cannot create a contempt, and create a fear psychosis among students of India on whom lie the future hopes of our country,” he said.
Expressing surprise, the Chief Justice referred to the court’s September 1 order, which quashed all cases against students who participated in CJP protests against paper leaks. “No penal action against any student; it was a very clear-cut order. The language is very plain. Even a layman can understand. The executive magistrate or district magistrate… cannot violate that order,” the Chief Justice said.
When the bench asked whether the lawyer was aware the notice had been revoked, he replied that he learned of it only from media reports. “The order was of September 1. The entire world knew. How could they commit contempt of that order?” he said.
“Correct. You are absolutely right. There is no question of taking action against our youth, no question of taking action against students; we have passed a clear order. We would have immediately taken cognisance of this, but you said they have withdrawn,” the Chief Justice said.
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The lawyer said, “It is contempt first and withdrawal second… Contempt can’t be purged. Contempt of the majesty of this court. This is the highest court of this country.” Justice Bagchi said, “That is why place (the facts) on record.”
The Chief Justice added, “You just place these facts on record. We will ask (for) an explanation from the district magistrate. Let him explain.”
According to a police report, Tripathi was “spreading anti-government, misleading statements among other university students and provoking them” that could “disrupt public peace”.
Tripathi, currently in Allahabad, denied the allegations. “I have not gone to the university for the last three months. A two-month holiday started on May 25. Over the last month, our classes shifted to online mode due to maintenance work on 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 earlier.
Tripathi, an Uttar Pradesh state committee member of CPM‘s wing, Student Federation of India, has now challenged the notice in the Supreme Court.
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His petition said the notice was issued by the “Executive Magistrate – Third, Greater Noida, Commissionerate Gautam Buddh Nagar…whereby” and that has has been “called upon to show cause as to why he should not be bound down under Sections 126/135 BNSS by executing a personal bond of Rs. 5,00,000/- with two sureties of like amount, for allegedly ‘instigating’ fellow students of his university to join a proposed dharna of the Cockroach Janta Party”. The petition said the notice in the teeth of the letter and spirit of the top court’s September 1 ruling.
© The Indian Express Pvt Ltd
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