Junk recovery notices against anti-CAA protesters: Supreme Court to Uttar Pradesh

New Delhi, February 11

Asking the Uttar Pradesh Government to withdraw the recovery notices issued to the alleged anti-CAA protesters, the Supreme Court on Friday warned that it would quash the proceedings for being in violation of the law.

The government has acted like a “complainant, adjudicator and prosecutor” by itself in conducting the proceedings to attach properties of the accused, a Bench led by Justice DY Chandrachud said.

“Withdraw the proceedings or we will quash it for being in violation of the law laid down by this court,” it told UP Additional Advocate General Garima Prashad, giving one final opportunity to withdraw the proceedings. The Bench said the proceedings initiated in December 2019 couldn’t be sustained as these were contrary to the law laid down by the SC.

The top court took exception to ADMs being assigned adjudication. When this court had directed that adjudication had to be done by a judicial officer then how ADMs were conducting the proceedings, it asked.

“You have to follow the due process under the law. Please examine this, we are giving one opportunity till February 18,” the Bench said.

Petitioner Parwaiz Arif Titu has sought quashing of notices sent to protesters by the district administration for recovering losses caused by damage to public properties during the anti-CAA agitations. “Such notices have been sent in an arbitrary manner against a person who had died six years ago at the age of 94 and also to several others, including two persons aged above 90,” Titu alleged.