‘Recovery of damage to public properties ordinance’ okayed

LUCKNOW : The state cabinet on Friday approved the ‘Uttar Pradesh Recovery of Damage to Public and Private Properties Ordinance-2020’ for recovering losses to public and private properties during political processions, illegal agitations and demonstrations and riots.

Chief minister Yogi Adityanath presided over the cabinet meeting that approved the ordinance.

“The cabinet has approved the ordinance having provisions for recovery of damages caused to public or private properties during any agitation,” said minister for parliamentary affairs Suresh Khanna while briefing media persons here on Friday.

Khanna said the Supreme

Court, in its order on writ petition number 77/2007 and 73/2007, has observed that a strict law was needed to check damage to public and private properties by rioters during political processions, illegal demonstrations, strikes and agitations. He further said the SC asked for videography, investigations and setting up of claims tribunals for recovery of damage and the cabinet unanimously approved the new ordinance.

No further details about the provisions of the new law were available.

The state cabinet has obviously taken the ordinance route to empower the government to put up hoardings/posters of protesters at public places and recover damages.

Khanna said the cabinet has approved the ordinance and rules on such issues would be formulated. He said the rules would be notified once approved by the cabinet.

THE STATE CABINET HAS OBVIOUSLY TAKEN THE ORDINANCE ROUTE TO EMPOWER THE GOVT TO PUT UP HOARDINGS/ POSTERS OF PROTESTERS AT PUBLIC PLACES AND RECOVER DAMAGES

Uttar Pradesh government spokesman and cabinet minister Siddharth Nath Singh said the state government was so far going for recovery of damages through a government order.

He said the cabinet thanked Yogi for his decision to take the hoardings issue to the Supreme Court.

Singh, obviously, was referring to the state government’s decision to file a plea in the Supreme Court against the Allahabad high court’s order directing it to immediately remove the hoardings containing the names, photos and addresses of those who purportedly took part in protests in Lucknow against the Citizenship Amednment Act (CAA) in December 2019.

The state cabinet’s move comes after the Supreme Court’s observation that there should be some law to back the state government’s action of putting up hoardings. The SC had recently refused to stay the Allahabad high court judgment ordering removal of these hoardings and referred the question of law to a larger bench.

The ordinance has provision to prevent damage to public or private property during agitations, bandhs, riots, public disorder and opposition; penal provisions and setting of tribunals to look into the damages and provide compensation. Rules to be formulated will incorporate provisions for putting up hoardings of those responsible for damaging property and recovery etc.

Uttar Pradesh State Law Commission had provided a draft of Uttar Pradesh Prevention of Damage to Public and Private Property in view of Supreme Court’s order in Destruction of Public and Private Property versus State of AP and others writ petition (criminal) number 77/2007 and writ petition (criminal) 73/2007. A committee was constituted and consultations were held with the DGP and prosecution directorate to give final touches. The state government sought opinion of advocate general to make appropriate amendments to the draft ordinance.

Meanwhile, Samajwadi Party (SP) state spokesperson Rajendra Chaudhary called the ordinance “undemocratic and draconian”. Chaudhary said: “The step smacks of misuse of power.”

UP Congress chief Ajay Kumar Lallu said the cabinet’s move reflected that chief minister Yogi Adityanath considered himself above the judiciary. He said chief minister should read the Constitution for which he did not have any respect. Yogi should not make mockery of the judiciary, he said.

“The state government has taken the right decision by bring this ordinance. It was much needed. This will prove as a deterrent for anyone indulging in violence and damaging public property. For those who are not satisfied with the ordinance, there is legal remedy,” said designated senior lawyer Prashant Chandra, Lucknow high court.

UP CONGRESS CHIEF AJAY KUMAR LALLU SAID THE CABINET’S MOVE REFLECTED THAT CM CONSIDERED HIMSELF ABOVE THE JUDICIARY