Notices Sent To Anti-CAA Protesters On Damage Recovery Revoked Virtually: Supreme Court

The Supreme Court on November 8 stated that the earlier notices sent by district administrations of Uttar Pradesh to the alleged protesters for recovery of losses caused from the damage caused to public properties during the anti-CAA protests in the state have been virtually revoked as the Government has enforced a new law.

A bench of Justices AS Bopanna and DY Chandrachud posted the matter for a hearing on November 22 after the petitioner's counsel stated that they want to file a rejoinder affidavit to the response filed by the Uttar Pradesh government.

"You see a new Act has come into play in the State, so the earlier notices stand virtually revoked," the bench was quoted as saying by reports in NDTV.

What's The New Law?

Earlier this year, the Yogi-led Government has passed a new law called The Uttar Pradesh Recovery of Damages to Public and Private Property Bill, 202,1 under which protesters who were found guilty of vandalising private and government property will be charged with imprisonment or a fine up to ₹ 1 lakh.

The State government on July 9 told the top court that under this new law, tribunals have been constituted and the requisite rules are framed.

Supreme Court had instructed the UP government to not take any action on earlier notices sent to the alleged protesters. It, however, had stated that the government can take steps as per the law and follow new rules.

The Plea

A plea was filed by Parwaiz Arif Titu seeking quashing of the notices dispatched by the district administration to alleged protestors for recovering losses caused due to the damage to public properties amid the anti-Citizenship (Amendment) Act (CAA) agitations in UP and had asked the state to reply to it.

As per the plea, such notices have been sent out in an "arbitrary manner" against an individual, who had passed away six years ago at the age of 94 and also to numerous others including two individuals who are aged above 90.

On January 31, 2020, Supreme Court had issued a notice to the state government and had urged it to respond to the plea.

Petitioner Titu had also contended that these notices were all based on an Allahabad High Court judgement delivered back in 2010 which "is in violation of the guidelines" laid down by SC in a 2009 verdict, and re-affirmed in an order in 2018.

The anti-CAA protests claimed the lives of 23 people in the state. One person each dies in Lucknow, Varanasi, Rampur, Muzaffarnagar, two each in Sambhal and Bijnor, three in Kanpur, five in Meerut and seven in Firozabad.

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