SC Directs UP Government To Refund Recoveries Made From Anti CAA Protesters, To Pursue Claim Before Claims Tribunal

The Supreme Court yesterday disposed of a batch of petitions which had been filed against the State of Uttar Pradesh, which sought to quash the notices for recovery of damages done to the public properties during the agitation that happened during the anti–CAA protests.

The bench comprising of Justice D. Y. Chandrachud and Justice Surya Kant heard the Additional Advocate General of the State of Uttar Pradesh Senior Advocate Garima Prashad who submitted before the Court that following the Government Orders that were issued by the State Government on 14th and 15th February, all 274 show cause notices and the pursuant proceedings which were initiated by the Additional District Magistrates have been withdrawn.

It was also stated before the Court that in view of the enactment of the Uttar Pradesh Recovery of Damage to Public and Private Property Act of 2020, the state Government would refer all the cases to the Claims Tribunal which has been constituted pursuant to the legislation.

The Apex Court, after hearing the parties, directed the State Government to refund the recoveries which have been made in the meantime. The Bench also stated that the process of refunding the recoveries that were made would not prejudice the proceedings doing on or the decisions that have been taken by the Claims Tribunal.

The matter was brought before the Supreme Court by Advocate Perwaiz Arif Titu challenging the recovery notices issued by the State Government, the petitioners also sought for setting up of an independent judicial enquiry to investigate the incidents that had occurred during the protest in Uttar Pradesh.