SC to UP notice about disturbance damage declaration
NEW DELHI: The Supreme Court issued a notice to Uttar Pradesh on Friday government in a petition for annulment of notifications sent to the alleged protesters by the district to recover losses caused by damage to public property during the anti-CAA agitation in the state.
A bank of judges D & Chandrachud and K M Joseph sought the response of ABOVE government on a petition alleging that the state administration had issued notices in “illegal and arbitrary” manner. The petitioner alleged that recovery notice was issued to “harass innocent people” and pointed out that notice was also issued to a person who had died six years ago.
The lawyer who appeared for the petitioner said that notices were issued in accordance with the sentence issued in 2010, but the verdict itself violates the guidelines established by the superior court in a 2009 verdict that was later reaffirmed in a 2018 order.
The petitioner contended that the state government has appointed additional district magistrate to deal with the process of notices for recovering but as per the apex court guidelines, a sitting or retired HC judge or a sitting or retired district judge should be first appointed as a claims commissioner to estimate the damages and investigate liability.
“The contradiction is that while the Supreme Court in 2009 put the onus of assessment of damages and recovery from the accused on high courts, the Allahabad High Court had issued guidelines in 2010 that let the state government undertake these processes to recover damages, which has serious implications,” the petition said.