Supreme Court Rebuke: Greater Noida Magistrate Suspended for Notice to Student Over CJP Protest
A Greater Noida executive magistrate has been suspended after issuing a notice to a 20-year-old student in connection with protests by the Cockroach Janta Party (CJP), despite a Supreme Court order that had annulled the relevant proceedings. The suspension was informed to the Supreme Court by Solicitor General Tushar Mehta.
Magistrate Suspended After Supreme Court Questions Notice
Solicitor General Tushar Mehta informed a three-judge Supreme Court bench on Thursday that the Greater Noida executive magistrate who issued the notice had been suspended by the government.
The development came a day after Chief Justice of India Surya Kant expressed strong displeasure over the notice issued to 20-year-old student Akshat Tripathi.
Student Asked to Furnish ₹5 Lakh Bond
Tripathi, a second-year BA LLB student at Gautam Buddha University in Noida, had challenged the notice issued by the executive magistrate.
According to his plea, the notice asked him to explain why he should not be required to furnish a personal bond of ₹5 lakh, along with two sureties of ₹5 lakh each.
The notice alleged that Tripathi had “instigated” fellow students at the university to participate in a proposed protest organised by the Cockroach Janta Party.
Supreme Court Had Already Annulled Proceedings
The Supreme Court had, in its September 1 order, annulled the relevant proceedings and specifically directed that no action be taken on FIRs that had already been registered.
During the hearing, CJI Surya Kant questioned how the magistrate could issue a fresh notice to Tripathi when the court had already passed its order.
Tripathi argued that he did not fall within the exception made for 2,873 individuals with antecedents of grave and heinous offences, against whom the Supreme Court had permitted police to file FIRs.
Student Calls Notice Vague and Unsubstantiated
Tripathi's plea stated that the notice was issued three days after the September 1 Supreme Court order and did not identify any specific overt act, date, time, statement or instance of imminent violence.
He alleged that the notice was based on vague and unsubstantiated allegations of “spreading anti-government misleading talks” and “instigating” students to participate in a proposed peaceful protest.
Solicitor General Urges Against Sensationalising the Matter
During Thursday's hearing, counsel urged the Supreme Court to intervene, saying that there should be a message to those responsible.
Tushar Mehta subsequently informed the bench about the magistrate's suspension and said, “Let’s not sensationalise it.”
The matter relates to the July protests at Jantar Mantar and other parts of the country, with the Supreme Court continuing to hear petitions concerning the proceedings.