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CJP protest: ‘How could Magistrate dare to issue notice?’ SC pulls up Greater Noida official

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Taking strong exception to a Greater Noida Executive Magistrate issuing a notice to a student over his participation in the CJP-led Jantar Mantar protest despite its orders to the contrary, the Supreme Court on Wednesday said it will ask him to explain.“How could a Magistrate dare to issue notice? We made clear no coercive action against any student! No Magistrate could violate that order,” a bench led by Chief Justice of India (CJI) Surya Kant said as he wondered how the executive magistrate could issue such a notice when the top court had directed that no penal action would be taken against students.The CJI’s comments came after senior advocate Biswajeet Bhattacharya brought it to the notice of the bench. “This is an experiment being played with the students of India. It would have an all-India implication. This is prima facie contempt (of court). Authorities of Noida and UP can’t create fear psychosis among students,” Bhattacharya submitted. The notice, which was revoked subsequently, was contrary to the top court’s order, he said.“You are absolutely right. There is no question of taking action against our youth… We have passed a clear order,” the CJI asserted.“We are surprised how can the magistrate issue a notice when we have already annulled.. No penal action against any student. It was a clear-cut order,” added the CJI Kant asked the lawyer to place the facts on record and said, “We will ask for an explanation. Let him explain,” said the bench — which also included Justice Joymalya Bagchi and Justice V Mohana.Akshat Tripathi — a Gautam Buddha University student — has moved the top court challenging a notice issued by the Greater Noida Executive Magistrate asking him to furnish a personal bond of Rs 5 lakh and two sureties of the like amount for allegedly encouraging fellow students to join a proposed CJP dharna.The notice was issued by the Executive Magistrate III, Greater Noida, against Tripathi under Section 126/135 of the BNSS after a police report alleged that he was instigating other students to participate in a proposed protest.Tripathi denied the allegations and claimed that he had participated in the protest peacefully.The notice issued on September 4 under Section 130 of the BNSS has since been revoked.

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