“You have to follow the due process under the law. Please examine this, we are giving one opportunity till February 18,” the bench warned.
The Supreme Court on Friday pulled up the Uttar Pradesh government to withdraw the proceedings against the alleged anti-Citizenship (Amendment) Act (CAA) protestors in December 2019 of the December 2019 incident saying that it was in complete violation of the law laid down by it.
A bench of Justices DY Chandrachud and Surya Kant took exception to the fact that Additional District Magistrates (ADMs) and not judicial officers, as mandated by the apex court, had adjudicated these notices.
“You have to follow the due process under the law. Please examine this, we are giving one opportunity till February 18,” the bench warned.
The apex court said that the Uttar Pradesh government has acted like a “complainant, adjudicator and prosecutor” by itself in conducting the proceedings to attach the properties of the accused.
“Withdraw the proceedings or we will quash it for being in violation of the law laid down by this court,” the top court said.
The Supreme Court was hearing a plea filed by Parwaiz Arif Titu who sought quashing of notices sent to alleged protestors by the district administration for recovering losses caused by damage to public properties during the anti-Citizenship (Amendment) Act (CAA) protests in Uttar Pradesh.
The plea claimed that such notices were sent in an “arbitrary manner” to a person, who had died six years ago at the age of 94 and also to several others including two individuals who are aged above 90.
Additional Advocate General Garima Prashad, appearing for the UP government, said that 106 FIRs were registered against 833 rioters in the State and 274 recovery notices were issued against them.
“Out of the 274 notices, recovery orders were passed in 236 while 38 cases were closed", she said, adding that under the new law notified in 2020, claim tribunals have been constituted which is being headed by retired district judges, and earlier it was headed by Additional District Magistrates (ADMs).
