Notice To Student Over ‘Cockroach Janta Party’ Protest Withdrawn: Supreme Court

The Supreme Court was informed on Monday that the notice issued to Gautam Buddh University student Akshat Tripathi in connection with a proposed “Cockroach Janta Party” (CJP) protest in Greater Noida has been withdrawn.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing Tripathi’s petition challenging the notice issued under Sections 126 and 130 of the BNSS by the Greater Noida Executive Magistrate. The proceedings have put the use of preventive measures against a student protest under scrutiny, particularly after the Supreme Court had earlier directed that no coercive action be taken against students, Live Law reports.

₹5 Lakh Bond Notice

The notice had directed Tripathi to furnish a personal bond of ₹5 lakh and two sureties of the same amount for allegedly encouraging fellow students to participate in the proposed CJP dharna.

When the matter came up for hearing, Tripathi’s counsel initially sought a pass-over. Chief Justice Surya Kant, however, said there was no need for one and observed that the court could quash the notice itself.

Additional Solicitor General Aishwarya Bhati, appearing for the authorities, then informed the court that the notice had already been withdrawn.

Counsel for Tripathi submitted that the student had not received any notification about the withdrawal. The Chief Justice said the court would record the authorities’ position in its order.

Court Annuls Earlier Action

The court subsequently recorded Bhati’s statement that the notice stood withdrawn and made it clear that any action previously taken on its basis would also stand annulled.

“Ms Bhati has entered appearance. She states that the notice already stands withdrawn. That being so, it is directed that action if any taken in the past pursuant to the notice stands annulled and consequently, no punitive action will be taken against petitioner,” the court ordered.

The order effectively brings the preventive proceedings arising from the notice to an end and ensures that Tripathi will face no punitive action pursuant to it.

CJI Had Questioned Magistrate

During the previous hearing, Chief Justice Surya Kant had questioned how the Executive Magistrate could issue the notice when the Supreme Court had expressly directed that no coercive action be taken against students.

The Chief Justice had also indicated that an explanation would be sought from the officer concerned. Against that backdrop, the withdrawal of the notice assumes significance because the court had already raised questions over the action taken against the student.

Tripathi had approached the Supreme Court challenging the notice and the preventive proceedings initiated against him in connection with the proposed protest.

Advocate Subhash Chandran KR appeared for Tripathi.