Lawstreet Journal

UP To Reply To Notice Within Four Weeks In Case Challenging Arbitrary Procedure For Recovering Public Loss

Lawstreet Journal 2 Feb 2020 8:32pm

Image courtesy: Lawstreet Journal Executive UP To Reply To Notice Within Four Weeks In Case Challenging Arbitrary Procedure For Recovering Public Loss

A Supreme Court Division Bench consisting of Justice DY Chandrachud and Justice KM Joseph yesterday (February 1, 2020) directed the State of Uttar Pradesh to file a reply to the petitioners in the case challenging arbitrary action by the Government against anti-CAA (Citizenship Amendment Act, 2019) protestors.

The Uttar Pradesh (UP) Government earlier had issued notices against 372 people to convalesce damages caused to public properties during the demonstrations held against CAA. The Apex Court while hearing said that notices were sent arbitrarily, one such was sent to a person, who died six years ago at the age of 94. The counsel representing the petitioner mentioned that the State of Uttar Pradesh appointed the Additional District Magistrate to deal with the claims but there is a mandate from the Supreme Court of India that a sitting or retired Judge of a High Court should deal with such matters. 

Further, the counsel prayed that there is no place to appeal after the passing of an order and the petition states that the order made by the High Court is the violation of guidelines framed by the Supreme Court of India in the case of Destruction of Public and Private Properties v. Government of Appellant, (2009) 5 SCC 212. In that judgment, the Supreme Court had issued guidelines stating that in absence of State Legislation to recover such damages on account of violence, the High Court may take cognizance of incidents of accumulative indemnity to public property on its own in suo moto Continue Reading...

Tagged: Citizenship Amendment Act  
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