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Allahabad High Court Terms U.P.’s Recovery of Damages Ordinance Arbitrary [READ ORDER]

Lawstreet Journal 15 Jul 2020 10:34pm

Image courtesy: Lawstreet Journal Judiciary Allahabad High Court Terms U.P.’s Recovery of Damages Ordinance Arbitrary [READ ORDER]

Recently, A PIL challenging the constitutional validity of the Uttar Pradesh Public and Private Property Damages Recovery Ordinance, 2020, was filed before the Allahabad High Court.  

Two practicing High Court Lawyers, along with a social activist and a journalist, filed the lawsuit, alleging that the Law defeats the "de-escalation of violence" purpose.

"The impugned Ordinance in the Preamble, supra, professes to deal with 'acts of violence at public places and to control its persistence and escalation,' however, contains no provision apart from ones dealing with 'Recovery of damage to public or private property…," the plea states.

In March of this year, the impugned Ordinance was promulgated to set up a legal mechanism to recover damages from alleged lawbreakers, for destruction/ damage to public and private property, and to provide for the publishing of personal information.

Through Advocates Shashwat Anand and Ankur Azad, the Petitioners state that this field is already covered by the 1984 act on Damage Prevention to Public Property, and that the impugned Ordinance is abhorrent to the same, and as such is void to the extent of repugnance under Article 254 of the Constitution.

It has been referred to by the petitioners as the "Name-and-Shame" Ordinance in so far as Section 13 of the Ordinance prescribes the personal information of a convicted person to be released in the event of his failure to appear before the Claims Tribunal.

"The Ordinance provides for publication of names, photographs, and addresses of persons under S. 13 and S. 19(2), which is an unwarranted assault on the individual's right to live with basic human dignity and the right to privacy and further is like an invitation to lynch," the Petitioners submit before the court.

The plea further agitates creation of the Claims Tribunal under the Act, on two grounds:

  1. There are no… Continue Reading...

    Tagged: Allahabad High Court  
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