Withdrawn all notices issued for recovery of damages post anti-CAA protests: UP govt to Supreme Court

The Uttar Pradesh government on Friday informed the Supreme Court that it had withdrawn 274 notices issued for recovery of damages to public properties during the anti-Citizenship (Amendment) Act protests.
The state government also informed that all subsequent proceedings in this connection will be in view of the enactment of a new law that will lay down the procedure for recovery of such damages and that Tribunals constituted under the new Act will deal with such matters.

The state Additional Advocate General Garima Prashad conveyed this to the bench of Justices D Y Chandrachud and Surya Kant, which accepted the same and appreciated the “fair gesture”.

The Bench also directed that recoveries made in consequence of the proceedings that had been withdrawn, be refunded. Though the state urged the court to direct status quo on recoveries already made till the Tribunals decide the matter, the Bench said that when a proceeding itself is withdrawn, all consequent actions, too, will have to go.
Hearing a plea challenging the procedure, the SC had, on the February 11, taken exception saying that the notices were not issued under any law as mandated it in the past, but were being adjudicated Executive Magrates. The court had asked the state to withdraw the proceedings and continue the recoveries under the new law made it — Uttar Pradesh Recovery of Damage to Public and Private Property Act, 2020.

“The state of Uttar Pradesh has submitted through Ms Garima Prashad…that on 14th and 15th February 2022, two Government Orders have been issued in terms of which, the show cause notices which were issued in 274 cases for alleged destruction of public property since December 2019 have been withdrawn together with the proceedings which were subsequently carried out pursuant to the notices the Additional Drict Magrates. In view of the enactment of the Uttar Pradesh Recovery of Damage to Public and Private Property Act, 2020, it has been stated that the state government would refer all the above cases to the claims tribunal which has been constituted in pursuance of the state legislation for further action in accordance with law. In view of the above statement which has been made on behalf of the state government, nothing further would survive”, the SC said in its order recording the state’s submission.
Last month, The Indian Express in a two-part investigation analysed 46 such recovery orders issued the Additional Drict Magrate (Lucknow East) and found a pattern, which showed the adminration played not only prosecutor but judge and jury as well to assess damage, estimate cost, bring charges, and fix liability with many of the accused not even getting a hearing.