'Nobody dare violate our orders': CJI fumes over CJP stir notice to Noida student

The Supreme Court on Wednesday questioned the Gautam Budh Nagar administration over a preventive notice issued to a 20-year-old law student who had attended a protest at Delhi's Jantar Mantar, despite the court's earlier direction that students should not face coercive action for participating in the demonstrations.

Chief Justice of India Surya Kant said the court would seek an explanation from the district and executive magistrates after senior advocate Bishwajit Bhattacharyya brought the September 4 notice issued to Gautam Buddha University student Akshat Tripathi before the bench.

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

Notice withdrawn a day later

The notice was issued after a police report accused Tripathi of spreading “anti-government propaganda” and encouraging students to join the Cockroach Janta Party (CJP) protest at Jantar Mantar.

It asked him to explain why he should not be ordered to furnish a personal bond of Rs 5 lakh and two sureties of the same amount for maintaining peace for six months.

The notice was withdrawn on September 5 after an inquiry found that the information on which it was based was false. Police also found that Tripathi had left the university for his semester break and was in his hometown when the notice was issued.

Tripathi had acknowledged attending the CJP protest on July 20 but questioned the allegation that he had encouraged students on the GBU campus when he was not there.

SC had barred action against students

The Supreme Court's objection stems from its September 1 order invoking Article 142 of the Constitution to close criminal proceedings linked to the July protests.

The court had directed that FIRs registered between July 20 and 25 over the demonstrations would not be pursued or investigated. It also said no fresh FIR should be registered over the same incidents and that merely participating in the protests could not be treated as an offence.

A separate issue remains open regarding 2,837 people whom Delhi Police claimed had criminal antecedents and were allegedly present at the protest site.

CJI asks for explanation

Bhattacharyya described the notice issued to Tripathi as an “experiment with students of India” and urged the court to ensure that similar incidents do not recur.

“There’s no question of taking action against any youth in view of our categorical and clear order. Nobody dare violate our orders,” said the CJI.

When the bench was told that the notice had been withdrawn, the CJI sought documentary confirmation.

“We agree with you. How can an executive officer issue a notice after our order, which was unequivocal and any layman can understand its import…You put all facts and materials on record, and we will seek explanation from the Gautam Budh Nagar magistrate,” the CJI said.