New Delhi: The Uttar Pradesh government has been reprimanded by the Supreme Court for attempting to recover money for property damage during the 2019 protests against the Anti-Citizenship (Amendment) Act by people identified as protesters. The court said it was giving the state one last chance to withdraw the proceeding or void it for violation of law.
"You must follow due process under the law. Please review this, let's give it a chance until February 18th," the court said.
The Uttar Pradesh government acted as 'complainant, judge and prosecutor' in conducting proceedings to seize the defendant's assets, a panel of judges DY Chandrachud and Surya Kant said.
“Withdraw the judgment or we set it aside for violation of the law dictated by this court,” the college said.
The Supreme Court was hearing a plea filed by Parwaiz Arif Titu seeking to rescind notices sent by the district administration to alleged protesters for the recovery of losses caused by damage to public property during the unrest under the Anti -citizenship (amendment) (CAA) in Uttar Pradesh and asked the state to respond.
The pattern states that the notifications were sent "arbitrarily" and cites cases where a notification was sent to a man who died six years ago at the age of 94, as well as to several others, including two people aged over 90.
state government attorney Garima Prashad said 106 FIRs were registered against 833 rioters and 274 collection notices were issued against them.
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“Of 274 notices, recovery orders were approved in 236 while 38 cases were closed,” the UP government lawyer said.
The panel said: "The Court of Cassation delivered two judgments in 2009 and 2018, in which it said that bailiffs should be appointed in the courts of complaint, but instead you appointed magistrates Additional District Offices (ADMs)."
Judge Surya Kant said: “Madam Prashad, this is only a suggestion. This plea relates only to a series of notices sent in December 2019, related to some type of unrest or protest. You can remove them with the stroke of a pen. 236 reviews in a big state like UP is not a big thing.If you are not going to listen, be prepared to deal with the consequences.Any proceedings conducted in December 2019 were contrary to the law established by this court. “
The UP government prosecutor said anything the court says will be considered.
The Uttar Pradesh government has been reprimanded by the Supreme Court for attempting to recover money for property damage during the 2019 protests against the Anti-Citizenship (Amendment) Act by people identified as protesters. The court said it was giving the state one last chance to withdraw the proceeding or void it for violation of law.
"You must follow due process under the law. Please review this, let's give it a chance until February 18th," the court said.
Judge Surya Kant said: “Madam Prashad, this is only a suggestion. This plea relates only to a series of notices sent in December 2019, related to some type of unrest or protest. You can remove them with the stroke of a pen. 236 reviews in a big state like UP is not a big thing.If you are not going to listen, be prepared to deal with the consequences.Any proceedings conducted in December 2019 were contrary to the law established by this court. “
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