Manas Dasgupta
NEW DELHI, Feb 18: The Uttar Pradesh government has withdrawn the recovery notices issued to the people allegedly involved in damaging public and private properties during the anti-CAA protests in 2019.
The state informed the Supreme Court on Friday that as per the court’s direction, the notices issued to 274 persons had been withdrawn by the government. It had also assured the apex court that it would initiate procedure for refund of the amount so far recovered from the accused. The state Additional Advocate General Garima Prashad conveyed this to the bench of Justices D Y Chandrachud and Surya Kant, which accepted the same and appreciated the “fair gesture”.
The Bench directed the State government to refund the entire amount worth crores of rupees, recovered from the alleged protestors due to the proceedings initiated in 2019.
It granted liberty to the UP government to proceed against alleged anti-CAA protestors under the new law — Uttar Pradesh Recovery of Damages to Public and Private Property Act notified on August 31, 2020.
The Bench refused to accept the submission of Garima Prashad that the protestors and the State government be allowed to move the claim tribunal instead of directing refunds. The state urged the court to direct status quo on recoveries already made till the Tribunals decide the matter, the Bench said when a proceeding itself was withdrawn, all consequent actions, too, will have to go.
Hearing a plea challenging the procedure, the SC had, on the February 11, taken exception saying that the notices were not issued under any law as mandated by it in the past, but were being adjudicated by Executive Magistrates. The court had asked the state to withdraw the proceedings and continue the recoveries under the new law made by it — Uttar Pradesh Recovery of Damage to Public and Private Property Act, 2020.
“The state of Uttar Pradesh has submitted through Ms Garima Prashad…that on 14th and 15th February 2022, two Government Orders have been issued in terms of which, the show cause notices which were issued in 274 cases for alleged destruction of public property since December 2019 have been withdrawn together with the proceedings which were subsequently carried out pursuant to the notices by the Additional District Magistrates. In view of the enactment of the Uttar Pradesh Recovery of Damage to Public and Private Property Act, 2020, it has been stated that the state government would refer all the above cases to the claims tribunal which has been constituted in pursuance of the state legislation for further action in accordance with law. In view of the above statement which has been made on behalf of the state government, nothing further would survive”, the SC said in its order recording the state’s submission.
On February 11, the top court had pulled up the UP government for acting on the recovery notices issued to the alleged anti-CAA protestors in December 2019 and gave one final opportunity to it to withdraw the proceedings and warned that it will quash the proceedings for being in violation of the law. It had said the proceedings initiated in December 2019 were contrary to the law laid down by the Supreme Court and cannot be sustained.
The apex court was hearing a plea filed by one Parwaiz Arif Titu seeking 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 UP and asked the state to respond to it.
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.
A section of the media after analysing the notices issued had also reported that the administration played the roles of not only prosecutor but also judge and jury as well to assess damage, estimate cost, bring charges, and fix liability with many of the accused not even getting a hearing.