The Supreme Court on Monday ordered that no punitive action be taken against law student Akshat Tripathi based on a ₹5 lakh bond notice issued to him by Uttar Pradesh (UP) authorities over the Cockroach Janta Party protests.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed the direction after the UP government told the Court today that the notice has been withdrawn.
"That being so, it is directed that action, if any, taken in the past pursuant to the notice dated September 4 stands annulled. Consequently, no punitive action of any nature shall be taken against the petitioner," the Court said.
By way of background, the notice dated September 4 was issued under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the Executive Magistrate-Third, Greater Noida. It called upon Tripathi to show cause why he should not be bound under with a personal bond of ₹5 lakh and two sureties of like amount, for allegedly instigating fellow students to join a proposed CJP dharna.
The notice came three days after the Supreme Court's September 1 order quashing cases against students who took part in the CJP-led protests against exam paper leaks.
Tripathi later also filed an application before the top court alleging that the Uttar Pradesh government misled the court by claiming that it has acted against the Executive Magistrate,.
It was his argument that when the matter was mentioned on September 9, the State had informed the Court that action has been taken against the concerned official.
Subsequently, an Indian Express report said action was taken not against the Executive Magistrate but only against Sub-Inspector Shiva Pandey whose report formed the basis of the notice.
The ACP (Executive Magistrate) who actually issued the notice was not suspended as claimed.
This was flagged by Tripathi in his latest application before the Court.
When the petition came up for hearing on Monday, Additional Solicitor General Aishwarya Bhati, appearing for the State authorities, said that the notice dated September 4 has been withdrawn.
The Court recorded the same while also adding that no action can be taken against the petitioner on the basis of the notice.