Damage Recovery Notice To Darapuri: High Court Questions UP Govt Authority

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Sadaf Jafar and S R Darapuri

Justice Rajan Roy passed the order on Friday while hearing a plea of Darapuri, former IG of UP, seeking quashing of the damage notice issued to him and 28 others, including Advocate Mohammad Shoaib and activist Sadaf Jafar, by the Lucknow administration in February

Clarion India

LUCKNOW — The Allahabad High Court has directed the Uttar Pradesh government to explain “as to under what authority of law” it issued a notice to former IPS S R Darapuri for recovery of Rs 6.4 million over anti-CAA protests held in Lucknow on December 19, 2019.

Justice Rajan Roy passed the order on Friday while hearing a plea of Darapuri, former IG of UP, seeking quashing of the damage notice issued to him and 28 others, including Advocate Mohammad Shoaib and activist Sadaf Jafar, by the Lucknow administration in February.

In his order, Justice Roy asked the Yogi Adityanath government to “satisfy the Court as to under what authority of law the impugned citation for recovery of Rs 64,37,637.00 had been issued to the petitioner and whether, on the date of alleged incident, there was any provision of law permitting such recovery, that, too, unilaterally, without any notice or opportunity of hearing.”

The bench will hear the matter on Tuesday.

Earlier this year, the Lucknow administration had put up huge hoardings in the city displaying faces and names of those, including Darapuri, Shoaib and Sadaf, against whom damage recovery notices were issued.

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The state government has issued similar recovery notices to many other people in other districts where anti-CAA protests were held.

In March this year, the UP government promulgated Ordinance to recover damages For Destruction Of Public/ Private Property During Protests.

During the massive protest demonstrations against Citizenship Amendment Act (CAA) in Lucknow on December 19 last year, some violent incidents had occurred. Even though Darapuri and Shoaib had not attended the demonstrations as they were placed under house arrest a day before, they were arrested days after the protests and sent to jail. They were released on bail after some weeks.

Similar protests had occurred in several other districts of the state during which some 20 people were killed, allegedly in police firing.

Soon after the passage of CAA in the Parliament on December 11, protests had erupted across the country seeking withdrawal of the law that has a provision for granting Indian citizenship only to non-Muslim migrants from Pakistan, Bangladesh and Afghanistan.

The law has been challenged in the Supreme Court by several people and organizations.

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