SI suspended, departmental enquiry ordered over ₹5 lakh bond notice: A practical reader guide

SI suspended, departmental enquiry ordered over ₹5 lakh bond notice: A practical reader guide

Noida: The sub-inspector (SI) who filed a report seeking action under Section 130 of Bharatiya Nyaya Suraksha Sanhita (BNSS) against a Gautam Buddha University’s student for allegedly spreading false anti-government statements, was suspended and a departmental enquiry has been initiated against the officers involved in the case, police said on Thursday.

The notice was issued after SI Shiva Yadav submitted a report alleging that Tripathi was spreading false anti-government statements and instigating others to join the CJP protest, which could lead to unrest. On September 4, Rajeev Sisodia, executive magistrate of the Greater Noida commissionerate, issued a notice under Section 130 of the BNSS, against Akshat Tripathi. In the notice, the magistrate asked why Tripathi should not be required to furnish a personal bond of ₹ 5 lakh and two sureties of equal amount to maintain peace for six months. However, police said on the night of September 4, the SI filed another report stating that the information received by him was false. The order was subsequently cancelled on September 5.

Police said no action has been taken against the executive magistrate who issued the notice. “The sub-inspector of Ecotech-1 police station, who submitted a report to the executive magistrate regarding the unrest at Gautam Buddha University, was suspended on Wednesday night,” said Rajeev Narayan Mishra, additional commissioner of police, Gautam Budh Nagar (Law and Order). Police said they were aware of the reports claiming that the executive magistrate has been suspended, but added that no such order had been issued yet. Subsequently, the administration issued a clarification and said, “All sections of the BNSS have been transferred to police under the police commissionerate, and the district magistrate can no longer pass orders under the BNSS or the old CrPC.”

Tripathi later approached the Supreme Court against the order. During a hearing on Wednesday, the court came down heavily on the Gautam Budh Nagar administration,questioning how such a notice could be issued despite its earlier directions against coercive action against students.