Law Student Approaches Supreme Court Over UP Government’s Alleged Failure to Act on Executive Magistrate’s Notice
Law Student Akshat Tripathi submitted only Sub-Inspector, whose report prompted the case against him was suspended, not the ACP (Executive Magistrate) who actually issued the notice, despite what the State of UP told Court
Law student Akshat Tripathi today approached the Supreme Court and contended that the Uttar Pradesh government misled the court on the steps taken against officers responsible for issuing him a notice under which he was asked to pay a personal bond of ₹5 lakh.
Tripathi had approached the Court earlier too over the notice which was issued to him in connection with the Cockroach Janta Party (CJP) protest.
His plea was mentioned today before a Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana which is hearing pleas arising out of the July protests at Jantar Mantar and elsewhere in the country.
On September 10, Solicitor General Tushar Mehta, who was specifically instructed by the State of UP on this issue, had informed the Court that the notice was not issued by the District Magistrate but by the Executive Magistrate and that the official who issued the notice has been suspended.
In today’s application, Tripathi has relied on an Indian Express news report to say that the UP DGP Headquarters “sought to clarify” later that only Sub-Inspector Shiva Pandey, “whose malicious report/actionheet was considered while issuing impugned notice”, was suspended. “However, it did not suspend the ACP (Executive Magistrate) who passed the impugned notice.”
Background:
A notice dated September 4 had been issued u/s 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the Executive Magistrate-Third, Greater Noida requiring Tripathi to “show cause as to why he should not be ordered to execute a personal bond of Rs 5 lakh with two sureties of like amount for maintaining peace.”
He had allegedly sought students to join hands with CJP and attend the proposed dharna.
This notice was issued just three days after the top court had on September 1 quashed proceedings against students arrested for participating in the CJP-led protests demanding exam papers to be leaked if they were to be evaluated.
When Tripathi brought this to the notice of the Court on September 9, the CJI had reacted:
The Court was then informed that the State has suspended the official who issued the notice.
The Indian Express report today said the officer who was suspended was not the Executive Magistrate but the SI.
Tripathi has now raised this in his application before the Court today. The application has been filed through advocate Subhash Chandran KR.
