The top court said that the proceedings initiated in December 2019 were contrary to the law laid down by the Supreme Court and cannot be sustained. A bench of Justices DY Chandrachud and Surya Kant said that the Uttar Pradesh government has acted like a complainant, adjudicator and prosecutor, by itself in conducting the proceedings to attach the properties of the accused.
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Withdraw the proceedings or we will quash it for being in violation of the law laid down by this court, the bench said. The bench gave the UP government time till February 18 to act upon the suggestion.
The Supreme Court was hearing a plea filed by one Parwaiz Arif Titu seeking quashing of notices sent to alleged protestors by the district administration for recovering losses caused by damage to public properties during the anti-Citizenship (Amendment) Act (CAA) agitations in Uttar Pradesh and asked the state to respond to it.
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Appearing for the UP government, Additional Advocate General Garima Prashad said that the police registered 106 FIRs against 833 rioters in the State and 274 recovery notices were issued against them. She added that under the new law notified in 2020, claim tribunals have been constituted which is being headed by retired district judges, and earlier it was headed by Additional District Magistrates (ADMs). The government submitted before the court that 451 policemen were injured during the anti-Citizenship Amendment Act (CAA) protests and parallel criminal proceedings and recovery proceedings were conducted.
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