March 24, 2023

uttar: ‘Withdraw or we will quash it’: SC to UP govt on recovery notices against anti-CAA protesters | India News – Times of India

NEW DELHI: The Supreme Court on Friday asked the Uttar Pradesh government to withdraw recovery notices against anti-CAA protesters and warned that it will quash the proceedings for being in violation of the law.
The top court said that the Uttar Pradesh government has acted like a “complainant, adjudicator and prosecutor” by itself in conducting the proceedings to attach the properties of the accused.
“Withdraw the proceedings or we will quash it for being in violation of the law laid down by this court”, a bench of Justices DY Chandrachud and Surya Kant said.
Supreme Court’s observation came in response to a plea filed by Parwaiz Arif Titu who sought quashing of notices sent to alleged protestors by the district administration for recovering losses caused by damage to public properties during the anti-Citizenship (Amendment) Act (CAA) agitations in Uttar Pradesh.
The plea has alleged that such notices have been sent in an “arbitrary manner” against a person, who had died six years ago at the age of 94 and also to several others including two people who are aged above 90.
The plea also sought a direction to the Uttar Pradesh government to follow the procedure as per the 2009 and 2018 guidelines of the apex court while claiming damages to recover the losses caused to public property during such protests.
In 2019, state chief minister Yogi Adityanath had stated that the cost of damage to properties during the anti-citizenship law protests would be “avenged” with fines collected from those responsible.
More than 300 people were served show-cause notices in connection with damage to public property. Identified on the basis of CCTV and video footage of violence, the accused were asked to explain why their assets should not be attached to compensate for loss to public property. If those issued notices are unable to explain that they were not responsible for the losses, they will have to pay.
Officials said that the notices were served on the basis of a 2010 high court order directing the state government to compensate for the loss to public property caused during violent agitations from those indulging in such violent acts.
(With agency inputs)

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