SC seeks UP reply on plea over asset seizure notices
NEWDELHI: The Supreme Court on Friday sought a response from the Yogi Adityanath-led Bharatiya Janata Party (BJP) government in Uttar Pradesh in a petition challenging the state administration’s move to seize assets of people who protested against the Citizenship (Amendment) Act, or CAA.
The petition, filed by UP-based Parwaiz Arif Titu, seeks the quashing of notices sent in December 2019 by the district administration of Uttar Pradesh to recover damages from people who allegedly participated in, and damaged public property during, the anti-CAA protests.
“India’s most populous state is hostage to the recklessness of hating Chief Minister; his regime is treating one Community as enemy not citizens”, the petition stated.
Titu argued that the people to whom the notices were sent have not been booked under penal provisions, and no details of any first information report (FIR) or any criminal offences have been made out against them. He also prayed for a judicial inquiry into the violence that took place in the state during protests against CAA.
The bench of justices DY Chandrachud and KM Joseph asked the state of Uttar Pradesh to respond within four weeks.
The petitioner said that the notices seeking recovery of damages were served by the state of UP on the basis of a flawed 2010 judgment of Allahabad High Court in Mohammad Shujauddin vs State of Uttar Pradesh.
As per that judgment, said the petitioner, when public property is damaged following a call for agitation, the police should register a report citing the party or the person by name.
The petitioner claimed that this judgment of the Allahabad high court is contrary to the guidelines laid down by the Supreme Court in two judgments -- Destruction of Public and Private Properties vs Govt. of AP (2009) and Kodungallur Film Society vs Union of India (2018).
The contradiction, Titu stated, was that while the Supreme Court in 2009 put the onus of assessment of damages and recovery from the accused on the high court of the concerned state, the Allahabad high court allowed the government to undertake these processes to recover damages.
This, the petitioner contended, has serious implications.
A state government spokesperson said, “We will file our reply within the time frame given by the SC”. BJP state unit spokesperson Chandramohan said, “The government will submit its reply in the given time. It took the action to maintain law and order.”