On Friday, the Supreme Court ruled that money recovered from persons accused of destroying public property during the anti-Citizenship (Amendment) Act (CAA) agitations in Uttar Pradesh be repaid.
After the Uttar Pradesh government told the Supreme Court on Friday that it has withdrawn the show cause notices addressed to anti-CAA demonstrators for damage recovery, a Bench of Justices DY Chandrachud and Surya Kant issued the order.
Advocate Nilofar Khan highlighted the demonstrators' misery, citing a report from the Indian Express to argue that the "poor were made to pay damages" by selling their necessities.
While ordering a refund, the Court made it plain that the State can continue to pursue the protesters by issuing new notices under the Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2021.
"The State as clarified is at liberty to proceed in accordance with law that is the State legislation of 2021," the Court said.
The State can reclaim the damages depending on the outcome of the procedures before the claim's tribunals under the 2021 Act, according to the Court.
"There shall be a refund of the damages recovered in the meantime. However, it will be subject to the decision of the claim’s tribunal," the order said.
The Court was hearing a petition by Parwaiz Arif Titu, who was seeking the quashing of notifications sent by the district administration to accused demonstrators in order to recover losses made to public property during the anti-CAA agitations.
The State has honoured the Court's earlier observations, according to Additional Advocate General Garima Prashad, and has decided to remove the notices.
"We have honoured the courts observations. All show cause notices have been withdrawn. District magistrates were also informed," Prashad submitted.
During the previous hearing on February 11, the Supreme Court took issue with several notices sent by the Uttar Pradesh government.
These notices were sent out before the 2021 Act took effect. As a result, it lacked legal backing.
Furthermore, the Court had stated that the notices and the actions taken in response to them were not in accordance with the orders made by the Supreme Court in a 2009 decision.
"You have become complainant, you have become adjudicator and then you are attaching property of the accused," the had Court said on February 11 referring to the fact that the decision on the notices was being taken by executive officers and not judicial officers.
In the meanwhile, the damages recovered will be refunded.
Supreme Court
The Uttar Pradesh government had subsequently told the Court, through Additional Advocate General Garima Prashad, that the state had created a statute in 2021, the Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2021, which saves the earlier notices; nevertheless, the Court was not persuaded.
"We will quash these notices then and you are at liberty to take action as per new Act," Justice Chandrachud had said on February 11.