CJI Surya Kant slams magistrate for notice

Chief Justice of India Surya Kant has strongly criticized a Greater Noida Executive Magistrate for issuing a notice to a university student. The notice was sent to the Gautam Buddha University student for allegedly attending a student protest at Delhi's Jantar Mantar organized by the Cockroach Janta Party (CJP).

The CJI made his remarks on Wednesday when a lawyer brought the issue before him. Justice Kant questioned the magistrate's authority to issue such a notice in defiance of a Supreme Court directive.

"How could a Magistrate dare to issue notice? We made clear no coercive action against any student! No Magistrate could violate that order," CJI Kant said, as quoted by the legal news outlet.

Notice Issued and Revoked

The notice had sparked controversy on Tuesday before being revoked later. It was issued based on a police report that accused the student of spreading what it termed "anti-government false information." The police report also alleged the student was instigating others to join the CJP-led protest.

The Chief Justice's intervention highlights a tension between local magistrates' actions and the Supreme Court's stated position. His comments show the court's previous order prohibiting coercive measures against students involved in protests.

Context of the Protest

The student was allegedly involved in a protest led by the Cockroach Janta Party at Jantar Mantar, a known protest site in the national capital. The CJP is a student group that has been active in organizing demonstrations on various issues.

The police report that formed the basis for the magistrate's notice contained serious allegations. It claimed the student was engaged in spreading misinformation and encouraging fellow students to participate in the demonstration.

Judicial Rebuke and Principles

CJI Surya Kant's forceful reaction serves as a direct rebuke to the executive magistrate's office in Greater Noida. His statement reaffirms the principle that lower judicial officials must adhere to orders issued by the country's highest court.

The incident raises questions about the implementation of Supreme Court directives at the local level. The swift revocation of the notice following the controversy suggests the magistrate's office reconsidered its position after the judicial criticism and public attention.

The Hindustan Times reported the initial issuance and subsequent cancellation of the notice. The case illustrates the ongoing dialogue between different branches of government regarding the boundaries of protest and lawful authority.