The Supreme Court on Wednesday questioned Greater Noida executive magistrate Megha Roopam, daughter of Chief Election Commissioner Gyanesh Kumar, over a notice issued to a student for allegedly participating in a protest at Delhi’s Jantar Mantar.
A three-judge bench headed by Chief Justice of India Surya Kant said it would seek an explanation from the magistrate after being informed that the notice had been issued despite an earlier Supreme Court direction that no penal action be taken against students involved in the Jantar Mantar protests. The bench also comprised Justices Joymalya Bagchi and V. Mohana.
The matter was mentioned before the bench by a lawyer, who alleged that an “experiment” was being conducted on students and argued that the notice was contrary to the Supreme Court’s earlier order.
“You are absolutely right. There is no question of taking action against our youth. We have passed a clear order,” Chief Justice Surya Kant said.
“We are surprised how can the magistrate issue a notice when we have already annulled... No penal action against any student. It was a clear-cut order,” the CJI added.
The court asked the lawyer to place the facts on record and indicated that an explanation would be sought from the magistrate. “We will ask for an explanation. Let him explain,” the Chief Justice said.
Notice later revoked
The notice was issued on September 4 under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to Akshat Tripathi, a student of Gautam Buddha University in Greater Noida. The notice sought a personal bond of Rs 5 lakh for maintaining peace, officials said. It was subsequently revoked.
Tripathi denied the allegations against him and said he had participated in the Jantar Mantar protest peacefully. He also claimed that he was not attending university classes at the time of the protest.
The Supreme Court's intervention comes amid continuing judicial scrutiny of the handling of student protests linked to the Cockroach Janta Party-led demonstration at Jantar Mantar.
Allahabad HC reprimands DM Roopam
The development comes a day after the Allahabad High Court sharply reprimanded Megha/Medha Roopam, who is also the daughter of CEC Gyanesh Kumar, in another case involving student activist Aakriti Chaudhary.
The High Court quashed Chaudhary’s detention order and awarded her Rs 5 lakh in compensation, directing that the amount be recovered from Roopam and other officials involved in the decision. The court criticised the conduct of officials and warned that “despotic” officers could push Uttar Pradesh towards an “Orwellian Dystopia.”
Against this backdrop, Wednesday’s Supreme Court remarks put a fresh spotlight on the exercise of executive powers against students and protesters. The apex court has made it clear that its earlier direction against penal action involving students must be respected, and has now sought an explanation over why a fresh notice was issued.
