SC Directs UP Govt. to Stay Notices Sent to Alleged Anti-CAA Protestors

As per the plea, these notices have been sent in an “arbitrary manner” against concerned individuals, one of them even died six years ago at the age of 94.

On Friday, the Supreme Court asked the UP Govt. to stay earlier notices sent to the alleged anti-CAA protestors. The notices were sent by the district administration for recovering losses caused by damage to public property during the anti-CAA agitations in the state.

This has come about after the apex court was hearing a plea filed by Parwaiz Arif Titu. The plea sought to quash notices sent these alleged protestors by district administration, and asked the state to respond as well.

As per the plea, these notices have been sent in an “arbitrary manner” against concerned individuals, one of them even died six years ago at the age of 94. Others include two people above 90 years of age.  These people have also not been booked under any penal provisions. There are no details of FIR or any criminal offences made out against them.

“The contradiction is that while the Supreme Court in 2009 put the onus of assessment of damages and recovery from the accused on high courts of every state, whereas the Allahabad High Court had issued guidelines in 2010 judgement that let the state government undertake these processes to recover damages, which has serious implications. The judicial oversight/judicial security is a sort of safety mechanism against arbitrary action. This means that there is every chance that the ruling party in the state could go after its political opponents or others oppose to it to settle scores,” As per the plea.

The order to stay the earlier notices was made by a bench composed of Justices D Y Chandrachud and M R Shah.

The bench stated however that the state can take action as per the law and “in accordance with new rules”, after the advocate appearing for the state of UP said that the state has has constituted tribunals and framed all the requisite rules. The bench asked the advocate to file a counter affidavit so as to provide details of rules and tribunals constituted. Further hearing on the matter will take place after two weeks.

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May 2024
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