Munmun Kaur
Published On: February 12, 2022 at 11:32 IST
The Supreme Court on February 11, pulled up the Uttar Pradesh Government for acting on the notices issued by District Administrations in the State, against Alleged Anti-Citizenship Amendment Act (CAA) protestors for recovering losses caused by damage to public properties during agitations in December 2019.
Last year, a Plea was filed in the Supreme Court which sought Quashing of Notices issued by the District Administration of UP to recover damages for the public loss caused to public property from Alleged protestors on account of December 2019 protests against the Citizenship Amendment Act, 2019 and National Register of Citizen (NRC).
The Notices were issued pursuant to the 2010 Verdict of the Allahabad High Court in Mohammad Shujauddin v. State of UP where it was held that in case of destruction of public property, a competent Authority nominated by the Government has to assess the damages and receive claims from the public.
The Plea stated that the said High Court’s Judgment was in violation of the guidelines passed by the Supreme Court in In Re: Destruction of Public and Private Properties v. Govt. of Appellant, (2009).
The Bench of Justices DY Chandrachud and Surya Kant on February 11 said that the action of the State was in contravention of the Supreme Court Judgments in Kodungallur Film Society (2018) and In Re: Destruction of Public and Private Properties (2009) where it was held that in the absence of Legislation, guidelines were stipulated to assess damages and award compensation wherever mass destruction to the property takes place due to protests.
The Bench noted that the Uttar Pradesh Recovery of Damages to Public and Private Property Bill, 2021 was passed by the Uttar Pradesh Assembly in March 2021. Therefore, in view of the new Legislative regime in UP on the subject, the Notices can no longer be acted upon.
Justice Surya Kant also said, “Have you any respect for Supreme Court Orders? You have become the Complainant, the Prosecutor, and the Adjudicator and you have passed Orders? Is it permissible? 236 Notices in a State like UP is not a big thing. They can be withdrawn with one stroke of a pen.”
Justice Chandrachud observed that all the actions that were taken by the State was in violation of the Supreme Court Judgments, and hence, against the Law. He further asked the State as to how could they bypass the Judgment of the Supreme Court.
The Bench warned,“Withdraw the proceedings or we will Quash it for being in violation of the Law laid down by the Supreme Court”.
The Bench listed the matter for February 18, granting time to the State to act in accordance with its observations.