'How dare Noida magistrate....': SC fumes after student sent notice
What's the story
The Supreme Court has questioned the issuance of a notice by the Greater Noida Executive Magistrate to a student, allegedly for campaigning for protests by the Cockroach Janata Party (CJP). Senior Advocate Bishwajit Bhattacharyya drew attention to this issue before a bench headed by Chief Justice of India. He said that despite the Supreme Court quashing FIRs related to these protests and prohibiting coercive action against students, the magistrate issued notice to a second-year student of the Gautam Buddha University.
Legal inquiry
Notice asked student to furnish personal bond of ₹5 lakh
The notice, issued under Section 130 of the Bharatiya Nagarik Suraksha Sanhita, asked the student to furnish a personal bond of ₹5 lakh to ensure that he will preserve peace.
"Notice was...about to be executed...later on it came in the press that it has been withdrawn. This is an experiment with students of India. This is prima facie contempt. Authorities of Noida and UP can't create fear psychosis among students," the lawyer submitted.
Legal proceedings
'Contempt once committed cannot be purged...': Bhattacharyya
Taking exception to the Magistrate's action, CJI Surya Kant said, "How could a Magistrate dare to issue notice? We made clear no coercive action against any student! No Magistrate could violate that order."
The court has asked for an explanation.
When Justice Joymalya Bagchi asked if the notice has been withdrawn, what cause of action survived, Bhattacharyya said withdrawing the notice doesn't absolve contempt of court.
He stressed that "contempt, once committed, cannot be purged by simply withdrawing the notice."
Case details
Notice issued after police report on student's alleged incitement
The notice was issued after a police report claimed the student was inciting protests.
According to the notice dated September 4, the police alleged that Akshat Tripathi was "spreading and instigating anti-government misleading talks" and encouraging students to join a proposed protest by the CJP.
The Executive Magistrate found grounds for proceedings under Sections 126 and 135 of BNSS due to potential breach of peace.
The SC earlier this month quashed all FIRs against student protesters and barred future FIRs.