SC notice to UP on plea against riot damages | India News
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https://ift.tt/eA8V8J News February 01, 2020 at 09:24AM
NEW DELHI: The Supreme Court on Friday issued notice to the Uttar Pradesh government on a plea seeking quashing of notices sent to alleged protesters by district administration for recovering losses caused by damage to public properties during the anti-CAA agitation in the state.
A bench of Justices D Y Chandrachud and K M Joseph sought response from the UP 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 counsel appearing for petitioner Parwaiz Arif Titu said notices were issued as per the Allahabad High Court judgement delivered in 2010 but the verdict is itself “in violation of the guidelines” laid down by the top court in a 2009 verdict which 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 damages 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.
A bench of Justices D Y Chandrachud and K M Joseph sought response from the UP 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 counsel appearing for petitioner Parwaiz Arif Titu said notices were issued as per the Allahabad High Court judgement delivered in 2010 but the verdict is itself “in violation of the guidelines” laid down by the top court in a 2009 verdict which 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 damages 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.
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https://ift.tt/eA8V8J News February 01, 2020 at 09:24AM
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