SC directs UP government to refund money recovered from anti-CAA protestors

The Supreme Court on Friday told the Uttar Pradesh government to restore the properties of anti-CAA protesters, attached to it, and refund the damages paid by them in lieu of loss to public properties, after the withdrawal of notices against them.

The top court also rejected the state government's plea about the deterrence effect of its action and operation of the model code of conduct in view of ongoing Assembly polls.

"All deference against the evasion of law has to be within four corners of law and it cannot lie outside" a bench, presided over by Justice Chandrachud, said.

On February 11, the top court had told the Uttar Pradesh government to withdraw these notices, otherwise, it would quash them. Citing the top court's verdicts in 2009 and 2018, the bench said judicial officers should have been appointed in claim tribunals, but the state government appointed Additional District Magistrates for such purposes.

Large scale protests had taken place in December, 2019 in the state after the passage of the Citizenship Amendment Act which provided citizenship to non-Muslims from Afghanistan, Pakistan and Bangladesh.

On Friday, UP's Additional Advocate General Garima Prasad submitted that the state government has withdrawn notices sent to the anti-CAA protesters to recover damages to the properties.

The bench, also comprising Justice Surya Kant, said if recoveries have been made following the notices, then those have to be paid back.

Prasad, however, asked the court to maintain status quo in connection with properties attached in the matter.

Advocate Nilofar Khan, representing petitioner Parwaiz Arif Titu, on the hand, pointed out many people, including vegetable sellers, rickshaw pullers, etc, were forced to pay, following the notices and the state government should make refunds.

On this, the bench said there should be a refund of the damages recovered. However, this will be subject to the orders by the claim's tribunal, under new law.

The new law -- Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 -- empowered the state government to set up tribunals to decide claims for damages to public property.

Prasad said certain properties have been taken into custody by the state government.

"This is against the law and the court cannot go against the law," the bench told her.

Prasad then said that the model code of conduct had been in operation in the state.

"When you have to implement a judgment of the Supreme Court how does the model code of conduct stop you," the bench asked her.

"Once orders are recalled, then how can attachment continue," the bench further added.

After the top court's warning on the previous date of hearing, the state government issued orders on February 14 and 15, withdrawing all show cause notices, which were issued in 274 cases in the destruction of public and private properties during the anti-CAA protest.

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