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The Uttar Pradesh Government on Friday informed the Supreme Court that the notices issued against the protestors for recovering damages for the loss of public property during CAA-NRC protests has been withdrawn by way of two Government orders.

A bench of Justice DY Chandrachud and Justice Surya Kant while appreciating the stand taken by the State further directed that the properties attached for the purpose of recovery in the meantime shall be refunded.

The bench was hearing a plea seeking direction for quashing and staying notices dated December 2019 sent by the District Administration of the state of Uttar Pradesh to recover damages for the public loss caused to public property by alleged protestors on account of protests in December 2019 against the Citizenship Amendment Act, 2019 [CAA]/NRC.

Additional Advocate General Garima Prashad submitted that with the earlier order of the apex court the State Government has complied and all the proceedings have been withdrawn with direction to all the magistrates. In addition to this, all these 274 files have been sent to the claims tribunal under the new Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020.

Prashad further informed the bench that there has been no incident of damaging public property since the new act has come.

Advocate Nilofar Khan appearing for the petitioners requested the bench to keep the question of constitutionality and challenge to the act open. To which Justice Chandrachud said that "we don't have to say anything in this regard because this issue is not before us."

However, over the direction of the bench to refund the attachment made for the recovery, Prashad objected stating that Status Puo may be directed in this regard, the attachment will remain as a security with the tribunal, otherwise, the message will go that the amount has been refunded, no action can be taken.

However, the bench refused to consider the objection stating that "we cannot pass an order contrary to law."

Earlier, the Supreme Court had suggested Uttar Pradesh government to withdraw notices and initiate new proceedings under the new Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 for recovering damages for the loss of public property during CAA-NRC protests as the current notices were in violation of the guidelines laid down by the Court in the judgment of In Re Destruction of Public and Private Property vs State of AP and Kodungallur Film Society vs Union of India. 

Background

The plea alleges that the notices have been issued on the basis of the Allahabad High Court judgment passed in 2010 in the case of Mohammad Shujauddin vs State of Uttar Pradesh, and is in violation of the guidelines passed by this Hon’ble Supreme Court in a judgment passed in 2009 titled as In Re: Destruction of Public and Private Properties vs Govt. of A.P. [2009] 5 SCC 212.

It further alleges that, "The persons to whom the Notices have been sent, have not been booked under Panel Provisions and no details of FIR or any Criminal Offences have been made out against them."

"There is no detail of any crimes committed by them, this is also against the guidelines by the Hon’ble Supreme Court which say that such persons must be booked under the various penal provisions under IPC and PDPP Act, 1984," the plea added.

The plea has further sought direction to constitute an independent judicial inquiry to probe into the incidents that occurred during the protests against the CAA-NRC in the state of Uttar Pradesh as has been done by the Karnataka High Court in view of recent protests against CAA-NRC.  

Cause Title: Parwaiz Arif Titu vs The State of Uttar Pradesh