New Delhi: The Uttar Pradesh government was told by the Supreme Court to try to recover money for property damage during the 2019 anti-citizenary protest (amendment) of those identified as protesters. The court said it gave a last one chance to the state to withdraw the process or it would cancel it for violating the law.
“You must follow the maturity process by law. Please check this, we give one occasion until February 18,” said the court.
The Government of Uttar Pradesh has acted like a “complainant, adjudicate and prosecutor” in conducting a trial to attach the properties of the defendant, the judge said Dy Chandrachud and Surya Kant.
“Attract the process or we will cancel it for violating the law set by this court,” Bench said.
The court was hearing the request submitted by Parwaiz Arif Tita who was seeking notice of notifications sent to the alleged protesters by the district administration for recovering losses caused by damage to public property during Urtar Pradesh and asked the state to respond.
The request said the notification was sent in “arbitrary ways” and quoted an example in which the notification was sent to a man who had died six years ago at the age of 94 and also to several other people including two people over 90 years Over 90 years old. .
Advice for the state government, Garima Prashad, said that 106 pemara was registered with 833 rioters and 274 recovery notice was issued against them.
“Out of 274 notifications, the recovery order was passed on 236 while 38 cases were closed,” said government adviser to the government.
The bench said, “The Supreme Court has passed two assessments in 2009 and 2018, which said that the judicial officer must be appointed in court claims but instead you appoint an additional district judge (ADM)”.
Judge Surya Kant said, “Mrs. Prashad, this is only a suggestion The big one. If you won’t listen, then be prepared to face the consequences. We will tell you how the Supreme Court assessment needs to be followed “.
Judge Chandrachud asked why ADMS conducted a trial when the court directed that adjudication must be carried out by justice officers.
Government adviser Uttar Pradesh refers to the government’s orders issued in 2011 concerning the Constitution of the Claim Court and said that it was approved by the High Court in the next command.
He said that the state had told the recovery of the compensation of Uttar Pradesh to the Public and Private property law on August 31, 2020.
Judge Chandrachud said, “We do not care about other processes. We are only worried about the notifications sent in December 2019, during the CAA protest. You cannot pass our order. How can you appoint ADMS, when we say it must be by Judicial officers. Any process carried out in December 2019, contrary to the law set by this court “.