The Allahabad High Court on Wednesday asked the state government to respond to a Public Interest Litigation (PIL) plea challenging the constitutional validity of the Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance by March 25.
The matter was heard by Chief Justice Govind Mathur and Justice Samit Gopal.
The ordinance was promulgated by Governor Anandiben Patel on Sunday. It came four days after the Supreme Court refused to stay the Allahabad High Court’s March 9 order asking the state government to remove the name-and-shame posters it had put up. The hoardings contained the photographs and names of suspected anti-Citizenship Amendment Act protesters allegedly involved in the destruction of properties during protests last December.
The plea, filed by advocate Shashank Shri Tripathi, argued: “Left with no other option, the state came up with this Ordinance in question. To evade from justifying itself from court of law, by passing such ordinance, the State has played mischief upon the Constitution.”
The ordinance has granted sweeping powers to a new claims tribunal, including the power to collect, if required, compensation from the accused without hearing them. Moreover, the ordinance states that compensation awared by the tribunal will be final, and cannot be appealed in any civil court.
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