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‘How dare you?’ CJI Kant raps Noida magistrate over notice to student for participating in CJP protest

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The Supreme Court on Wednesday came down heavily on the Greater Noida Executive Magistrate for issuing a notice to a student over participation in a CJP-led protest at Jantar Mantar, asking how the officer had “dared” to do so despite the court’s order to the contrary.“We made clear no coercive action against any student! No magistrate could violate that order,” a Bench led by Chief Justice of India 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. It would have an all-India implication. This is prima facie contempt (of court). The 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 The notice, which was revoked subsequently, was contrary to the top court’s earlier order, he said.“You are absolutely right. There is no question of taking action against our youth… We have passed a clear order,” the Bench sadi, which also included Justice Joymalya Bagchi and Justice V Mohana. CJI Kant asked the lawyer to place the facts on record and said, “We will ask for an explanation. Let him explain.”Akshat Tripathi, a student of Gautam Buddha University, 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 under Section 126/135 of the Bharatiya Nagarik Suraksha Sanhita (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 The notice issued on September 4 has since been revoked.

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