“How can a judge notice?” Why CJI Surya Kant Questioned Notice To Noida Student Over Jantar Mantar Protest | Today’s news
The Supreme Court on Wednesday said it will seek an explanation from the Greater Noida state executive judge for issuing a notice to a student there for his participation in the CJP-led Jantar Mantar protest.
Chief Justice of India (CJI) Surya Kant questioned how the executive judge could issue such a notice when the apex court had earlier ordered that no criminal action be taken against the students.
The lawyer raised the matter before a three-judge bench headed by CJI Kant and argued that an “experiment” was being conducted on students and that the notification, which was also subsequently withdrawn, was in violation of the apex court’s order.
“You are absolutely right. There is no question of taking action against our youth. We have issued a clear order,” the CJI said, according to news agency PTI.
“We are surprised how the municipality can issue a notice when we have already cancelled… No criminal action against any student. It was a clear order,” the CJI added.
September 1, order
The CJI was referring to the court’s September 1 order invoking his extraordinary powers under Article 142 of the Constitution to end criminal proceedings in the wake of the July protests led by the Cockroach Janta Party (CJP). The court then ordered that FIRs registered between July 20 and 25 across states and Union territories in connection with the protests would not be prosecuted or investigated and would be considered closed for all purposes.
The bench, which also included Justices Joymalya Bagchi and KV Mohana, also ordered that no fresh FIR be registered in connection with the same incidents and made it clear that mere participation in the protests cannot be considered an offense under the criminal law.
The order followed requests by the Center through the Delhi Police and the state governments of Maharashtra, Assam, Bihar and West Bengal seeking to quash criminal cases arising out of the demonstrations.
On Wednesday, CJI Kant asked the lawyer to put the facts on record and said, “We will ask for an explanation. Let him explain.”
Justices Joymalya Bagchi and V Mohana were also on the bench.
what was that
A Gautama Buddha University (GBU) student who allegedly participated in the CJP-led protest at Delhi’s Jantar Mantar has been issued a personal bond notice by the Greater Noida Executive Magistrate ₹5 crore for maintaining peace, officials said on Tuesday, adding that the order was later revoked.
However, student Akshat Tripathi denied the allegations and claimed that he was participating in the protest peacefully and was not attending university classes at the time.
You are absolutely right. There is no question of interfering with our youth. We gave a clear order.
The notification was issued on September 4 under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
