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LATEST NEWS UPDATES | Refund fine, restore seized properties of anti-CAA protesters, SC tells UP Govt

Refund fine, restore seized properties of anti-CAA protesters, SC tells UP Govt

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published Published on Feb 19, 2022   modified Modified on Feb 19, 2022

-The Pioneer

New Delhi/ Lucknow: The Supreme Court on Friday directed the Uttar Pradesh Government to refund the fine and restore the attached properties of the alleged anti-CAA protesters for causing damage to public and private assets in December 2019.

Terming it as a case of “unjust enrichment”, the court said the State can recover the damages under the new law, once it is established before the claims tribunal that public and properties were damaged.

The UP Government told the top court that it has withdrawn 274 recovery notices and subsequent proceedings initiated against anti-CAA protestors in 2019 for property damages. The State Government asked permission from the SC to issue new notices based on the new law for recovery of damages to public and private property.

It assured the court that all directions will be followed in the new notices. All the matters would be now sent to the tribunals in Meerut, Lucknow and Prayagraj for further necessary action as per the “Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020”.

Acting on the recovery notices issued to the alleged anti-CAA protesters in December 2019 SC gave one final opportunity to the Government to withdraw the proceedings and warned that it will quash the reports for being in violation of the law.

A bench of Justices DY Chandrachud and Surya Kant granted liberty to the UP Government to proceed against alleged anti-CAA protestors under the new law -- Uttar Pradesh Recovery of Damages to Public and Private Property Act notified on August 31, 2020.

“Orders in pursuance to the show-cause notices have been withdrawn, in terms of the Government orders (GOs) by the State of Uttar Pradesh, there shall be refund of any recoveries which have been made in the meantime. This will, however, be without prejudice to such action as may be warranted, in terms of the proceedings and decisions of the claims tribunals, at the subsequent stage,” it said.

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The Pioneer, 19 February, 2022, https://www.dailypioneer.com/2022/page1/refund-fine--restore-seized-properties-of-anti-caa-protesters--sc-tells-up-govt.html


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