Walking the talking on imposing a penalty on Anti-CAA rioters, the Yogi Adityanath-led Uttar Pradesh government has decided to set up a tribunal to claim damages compensation from rioters who damage government and private property, reports IANS.
According to the reports, the tribunal, headed by a retired district judge, will have the power to attach the property of the accused and also publicize their photograph so that common people do not buy property belonged to them.
Importantly, as per some reports, the decision taken by the claim tribunal cannot be challenged in any court. The tribunal will be able to deploy claim commissioners for damage assessment.
The decision to set up the tribunal comes after Uttar Pradesh government on Sunday promulgated an ordinance for recovery of damages to public and private properties from anti-CAA rioters and to provide for setting up of tribunals to adjudicate claims for damages and recover them.
जहां कहीं हड़ताल, बंद, दंगा, लोक उपद्रव, उसके प्रतिवादों के कारण लोक तथा निजी सम्पत्ति का विनाश या क्षति होती है, वहां इस अध्यादेश के अधीन गठित सक्षम अधिकारिता वाले दावा अधिकरण के समक्ष घटना घटित होने के तीन माह के भीतर प्रतिकर का दावा करना होगा। pic.twitter.com/WyBHgwrEfH
— Government of UP (@UPGovt) March 15, 2020
The Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020 was promulgated after Chief Minister Yogi Adityanath approved the ordinance in a Cabinet meeting on Friday.
The decision to promulgate an ordinance was taken after the Supreme Court refused to stay the Allahabad High Court’s March 9 order for removing the state government’s posters displaying photographs and names of the rioters involved in damaging properties during the anti-CAA protests in December last year.
The Supreme Court had told the Uttar Pradesh government that there was no law as of then to support its action of putting roadside posters of those accused of vandalism during the anti-CAA protests in Lucknow, referring the issue of privacy to the larger bench.
In a bid to name and shame the hoodlums who indulged in vandalism during the anti-CAA stir in UP, the Yogi Adityanath government had put up hoardings carrying names, addresses and photographs of anti-CAA rioters, who were accused of damaging public property.
However, on March 9, the Allahabad High Court had ordered the UP government to remove the hoardings, saying that there is no law backing the action of the government. The High Court has said that the posters were “unwarranted interference in the privacy of people”.
The Yogi government soon filed a plea at the Supreme Court challenging the High Court order, saying that those vandalising public and private property have no right of privacy. Although the vacation bench of the apex court didn’t pass any order and referred the case to a larger bench, it had noted that no law allows publication of details of accused like this.
By promulgating an ordinance and setting up a tribunal to seek compensation from the rioters, Yogi Adityanath government has now ensured that his government’s action passes the legal muster and the troublemakers responsible for fomenting unrest and damaging public property are shamed and made to compensate for the financial losses borne by the state and private individuals.
