The Supreme Court on Wednesday said it would seek an explanation from the Greater Noida authorities over a notice issued to a second-year student for participating in the recent Cockroach Janata Party (CJP)-led protests at Jantar Mantar, despite an earlier order of the Court directing closure of criminal proceedings arising from the protests.
A Bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana noted that its previous direction was clear that students should not face further penal action for taking part in the protests.
The matter was mentioned before the Bench by Senior Advocate Biswajeet Bhattacharya, who alleged that an Executive Magistrate in Greater Noida had issued the notice on September 4 on the basis of inputs received from the Noida Police.
Bhattacharya submitted that the action was contrary to the Supreme Court’s September 1 order, which had directed that criminal proceedings initiated in connection with participation in the protests be closed.
Notice Reportedly Withdrawn, But No Official Order Served
The Court was informed that the September 4 notice was subsequently reported to have been withdrawn. Bhattacharya, however, said the student had not received any official order communicating its withdrawal and had learnt about the development only through media reports.
He argued that withdrawal of the notice did not address the alleged violation that had already taken place. According to him, the action of the Greater Noida authority amounted to contempt of the Supreme Court’s September 1 direction.
Bhattacharya also contended that the issue had wider implications for students across the country and required the Court’s intervention.
Court Says Earlier Direction Was Clear
During the hearing, the Bench reiterated that its earlier order prohibited penal action against students over their participation in the protests.
After hearing the submissions, CJI Surya Kant said the Court would ask the District Magistrate to explain the circumstances in which the notice had been issued.
