ALL SARKARI EXAM: A new law in U.P. to recover costs for damaging property

The State government of Uttar Pradesh has notified the Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance, 2020, promulgated by the Governor.

The ordinance is meant to arm the state with a stringent law to recover compensation from those who damage public and private property during protests and riots.

The owner of any private property or the head of the office concerned in respect of public property may file claims for compensation within three months of any incident that causes any damage during public protests, bandhs or riots.
The claim can cite as respondents those who instigated or committed acts that caused the damage. The claim can be filed against those named by the police in the riots.
The claims would cover not only damage to public and private property but also the costs borne by the police and the administration in taking preventive measures.

Claims for compensation will be decided by designated Claims Tribunals that will be authorized to investigate complaints and assess the damage.
The chairperson of the Claims Tribunal would be a retired district judge, while its members would be of the rank of additional commissioner.
The Claims Tribunal shall have all the powers of a civil court.
The Claims Tribunal would have the power to attach the property of the respondents and publicize their names, addresses, and photographs to warn the public against purchasing the property.
The order passed by the Claims Tribunal would be final and no appeal would be maintainable before other courts.

Banners had come up at a major roadside with personal details of those accused of vandalism during the anti-CAA protests.
The posters sought compensation from the accused persons and further, to confiscate their property if they failed to pay compensation.
The Allahabad High Court had suo motu, taken cognizance of the UP government’s move to put up roadside posters naming and shaming and giving photos and details of individuals accused of damaging public property during the anti-CAA protests in Lucknow.

The High Court made two significant observations: there is no legal basis to allow such banners and they violate the fundamental right to privacy.
The court reprimanded the UP government for “undemocratic functioning”, for violating the individual’s fundamental right to privacy and the assurance of Article 21, that no person shall be deprived of life and personal liberty except by procedure established by law.
It directed the government to take down the posters “forthwith” and set a date for it to submit a compliance report to the court.
The UP government quickly moved the Supreme Court. The court took up the matter on an urgent basis.

The SC repeatedly asked Uttar Pradesh what law gave it the power to publicly shame people.
It told the state that while an individual can commit any act that is not prohibited by law, a state can take only actions that are expressly sanctioned by law. This is a crucial aspect of the rule of law to protect the individual from the might of the state apparatus.
The Supreme Court observed that the UP government’s decision was missing the “backing of law”.
The Supreme Court bench then decided that there were larger questions of law involved in the case, so a larger bench would have to deal with it.

It undermines the presumption of innocence until proven guilty by due process of law — a cardinal principle of criminal jurisprudence.
The anti-CAA protestors have already suffered irreparable damage to their reputations.
When the dignity of an individual is taken away, it can be worse than a physical blow.
It makes the protestors vulnerable to mob justice because a state-sanctioned hoarding carries a certain legitimacy.
Even if a court declares them guilty, the appropriate measure would be to convict them or impose a penalty according to law. The state cannot exercise its powers to punish in a manner not supported by law.

Source: The Hindu

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