Law Student moves Supreme Court alleging UP govt misled court, no action taken against Executive Magistrate who issued notice over CJP protest

Law student Akshat Tripathi has moved the Supreme Court alleging that the Uttar Pradesh government misled the court on the action taken over the ₹5 lakh bond notice issued to him in connection with the Cockroach Janta Party (CJP) protest.

Tripathi had initially filed a petition before the Court over the notice.

His petition was mentioned on September 10 before a Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, which is hearing petitions arising out of the July protests at Jantar Mantar and other parts of the country.

On that day, Solicitor General Tushar Mehta, on instructions from the State of UP, had told the Court that the notice was issued not by the District Magistrate but by the Executive Magistrate, and that the official responsible has been suspended.

"It was not the District Magistrate. It was some other official who has been suspended. Let's not sensationalise it," Mehta had said.

In his fresh application, Tripathi has relied on an Indian Express report to state that UP DGP Headquarters later clarified that only Sub-Inspector Shiva Pandey, whose report formed the basis of the notice, was suspended. The ACP (Executive Magistrate) who actually issued the notice was not.

"It is pertinent to mention that the State of Uttar Pradesh misled this Hon'ble Court by placing a wrong statement regarding the action taken by the State authorities and that too by using the good office of the learned Solicitor General of India," the application states.

By way of background, a 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.

When the issue was flagged on September 9, the CJI had asked,

"How did the magistrate dare to issue a notice when we have already annulled" the proceedings.

The State then informed the Court that action has been taken against the concerned official

Subsequently, the Indian Express report said action was taken not against the Executive Magistrate but against the SI.

This has now been flagged by Tripathi in his latest application before the Court.

The application was filed through advocate Subhash Chandran KR.

The matter is listed for hearing tomorrow.