New Delhi: The Supreme Court on Friday agreed to hear a plea seeking quashing of notices sent to alleged protesters by district administration for recovering losses caused by damage to public properties during the anti-CAA agitations in UP and asked the state to respond to it.
A bench comprising Justices D Y Chandrachud and K M Joseph issued notice to the Uttar Pradesh government on the plea and directed it to file its reply within four weeks. The apex court was hearing a plea which has alleged that such notices have been sent in Uttar Pradesh 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 who are aged above 90.
The counsel appearing for petitioner Parwaiz Arif Titu said these notices were based on an Allahabad High Court judgement delivered in 2010 which "is in violation of the guidelines" laid down by the top court in a 2009 verdict which was later re-affirmed in a 2018 order.
The lawyer said the state government has appointed additional district magistrate to deal with the process of notices for recovering damages for loss of public property during protests against the CAA whereas the guidelines laid down by the SC stipulated retired judges should deal with it. "The Supreme Court’s judgement is not being followed," the petitioner's counsel said.
At the fag end of hearing, the counsel urged the court to give him liberty to make the Centre as a party in the case.
The bench asked him to file application in this regard.
source https://www.freepressjournal.in/india/recovering-damages-up-government-gets-sc-notice
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