Executive Magistrate Who Issue Notice To Student Over NEET Protests Suspended, Supreme Court Informed

The Uttar Pradesh government has informed the Supreme Court that the Greater Noida Executive Magistrate who issued a notice to a student over his alleged participation in the Cockroach Janta Party (CJP)-led protests over NEET paper leak has been suspended.

On Thursday, the suspension was communicated to the CJI Surya Kant led bench by Solicitor General Tushar Mehta during the hearing of the plea field by the student.

The notice was issued to Akasht Tripathi, a second-year law student at Gautam Buddha University, under provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He was asked to furnish a personal bond of ₹5 lakh along with two sureties of the same amount.

Two days back, Court had expressed deep concerns over notice being issued to the second year student by Executive Magistrate, Greater Noida despite the court having ordered that all FIRs against students be quashed.

CJI Surya Kant had heard a mentioning made by the students' counsel who stated, " a second year student against whom notice has been issued by Executive Magistrate, Greater Noida over the Jantar Mantar protests. It was later withdrawn..This is an experiment being played with the students of India, and therefore, it would have an all-India implication.".

A miffed CJI had questioned how such a thing could be done and said, "Our order was very clear that no penal action against students. The language was very clear.." Justice Bagchi, also on the bench had asked, "As of now, the notice has been withdrawn, that is what you say. Is there any communication to you that the notice has been withdrawn?" To this the counsel said, "No. The press report says that it has been withdrawn. Your judgment was of September 1..they have committed contempt.."

Accordingly, the bench has sought the District Magistrates' response on the issue.

Akasht approached the Supreme Court challenging the Notice dated 04.09.2026 issued under Section 130 BNSS by the Executive Magistrate – Third, Greater Noida, Commissionerate Gautam Buddha Nagar, in Case No. 1387/2026, whereby he had been called upon to show cause as to why he should not be bound down under Sections 126/135 BNSS by executing a personal bond of Rs. 5,00,000/- with two sureties of like amount, for allegedly “instigating” fellow students of his university to join a proposed dharna of the Cockroach Janta Party.

The plea further stated that the notice issued was in the teeth of the letter and spirit of the order passed by the Supreme Court, invoking its powers under Article 142 of the Constitution, and authoritatively holding that mere participation in, or exhorting others to participate in, the peaceful protests/agitation connected with the NEET-UG 2026 controversy does not constitute an offence, and had directed that no fresh FIR/proceeding be initiated anywhere in the country in connection with such protests, save the narrow exception carved out for 2,873 named individuals with antecedents of grave and heinous offences involving bodily harm or destruction of property.

"...the impugned Notice, issued three days after the Order dated 01.09.2026, and without disclosing any specific overt act, date, time, statement or instance of imminent violence, is founded on vague, unsubstantiated and mala fide allegations of “spreading anti-government misleading talks” and “instigating” students to join a proposed, and admittedly peaceful, dharna. Such action, being preventive in the harshest sense (a personal bond of Rs. 5,00,000/- and two sureties of like amount) and directed solely against a student for encouraging peaceful assembly and protected speech, offends Articles 14, 19(1)(a), 19(1)(b) and 21 of the Constitution of India, and further sits in direct conflict with the binding directions of this Hon'ble Court," the petition filed through Advocate Subhash Chandran KR stated.

It is to be noted that the Supreme Court had earlier directed that the State government are at liberty to withdraw FIRs registered against the protestors involved in the recent protests that happened in various parts of the country over the NEET paper leak. As a CJI Surya Kant led bench clarified that those FIRs registered against persons who are already accused of grave and heinous offences may not be withdrawn, Solicitor General Tushar Mehta informed the bench that 2700 such FIRs shall not be withdrawn. Court had directed that no coercive action would taken against the protestors involved in the recent protests. A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana had also ordered immediate release of minors detained by police across different States except those with criminal background.

Case Title: AKASHT TRIPATHI VS. STATE OF UTTAR PRADESH

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: September 10, 2026