NEW DELHI: In a scathing remark against a Greater Noida Executive
Magistrate for issuing notice against a student -- for allegedly
campaigning for participation in student protests proposed by
Cockroach Janata Party -- despite a bar on coercive action, the
Supreme Court on Wednesday questioned him and said, " How could he
dare to issue notice?"
Making strong observations against the Greater Noida Magistrate, a
bench led by Chief Justice Surya Kant said, "How could a Magistrate
dare to issue notice? We made it clear: no coercive action against any
student! No Magistrate could violate that order."
Questioning the notice issued by the Greater Noida Executive
Magistrate -- under Section 130 of the BNSS -- The CJI asked the
lawyer to bring the notice on record through a petition and said the
court will seek an explanation.
It is to be noted that the student was sent a notice by the Magistrate
for allegedly campaigning for participation in student protests
proposed by Cockroach Janata Party (CJP).
Senior Advocate Bishwajit Bhattacharyya, for the student, submitted to
the court that the Executive Magistrate issued a notice to a
second-year student of Gautam Buddha University, asking him to show
cause for not furnishing a personal bond of Rs 5 lakh to ensure he
would preserve peace. As per press reports, this notice was later
withdrawn.
"Notice was issued to a second year student by Ex. Magistrate of
Greater Noida on input of Noida police... it 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 later on it came in the press that it has been withdrawn.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," he submitted.
The notice alleged that the student was allegedly "spreading and
instigating anti-government misleading talks" among university
students and encouraging them to join the proposed dharna by CJP.
