Withdraw it or we will quash: SC rebukes UP govt on recovery notice against anti-CAA protestors


Uttar Pradesh CM Yogi Adityanath&nbsp | &nbspPhoto Credit:&nbspPTI

New Delhi: The Supreme Court on Friday pulled up the Uttar Pradesh government for recovering money for property damage from those involved in the anti-Citizenship (Amendment) Act protests in December 2019.

A bench of Justices DY Chandrachud and Surya Kant gave one final opportunity to the state government to withdraw the proceedings and warned that it will quash the proceedings for being in violation of the law.

“You have to follow the due process under the law. Please examine this, we are giving one opportunity till February 18,” the bench warned.

The apex court said that the Uttar Pradesh government has acted like a

“complainant, adjudicator and prosecutor” by itself in conducting the proceedings to attach the properties of the accused.

“Withdraw the proceedings or we will quash it for being in violation of the law laid down by this court,” the top court said.

The apex court’s observation came on a plea filed by one Parwaiz Arif Titu against notices sent to alleged protestors for recovering losses caused by damage to public properties during the anti-CAA agitations in Uttar Pradesh.

The plea argued that such notices have been sent 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 people who are aged above 90.

Additional Advocate General Garima Prashad, who was representing the UP government, said that 106 FIRs were registered against 833 rioters in the State and 274 recovery notices were issued against them.

“Out of the 274 notices, recovery orders were passed in 236 while 38 cases were closed,” said the state government’s counsel.

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