The Allahabad High Court has asked the Uttar Pradesh government to explain under what law it had issued a recovery order of ₹64.37 lakh against human rights activist and retired IPS officer S.R. Darapuri in connection with damage to private and public property during the protests against the Citizenship (Amendment) Act last December.
Mr. Darapuri, a septuagenerian, is among 57 persons who were issued recovery notices by the Lucknow administration, following which many of them were issued orders for the confiscation of their properties or face the threat of being arrested again.
He is one of the accused in the FIR lodged at the Hazratganj police station, in which the accused have been asked to pay ₹64.37 lakh.
Mr. Darapuri is out on bail.
Justice Rajan Roy of the Lucknow Bench on Friday directed the State standing counsel to “satisfy” the court under what authorities of law the notice for recovery was issued to Mr. Darapuri, the petitioner.
The court also asked if “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.”
Arrest of septuagenarians leaves families aghast, civil society outraged in Lucknow
Mr. Darapuri had field a petition praying for the quashing of the recovery proceedings and that the court issue a notice to the government to not take any coercive action in pursuance of the notice. In his petition, he argued that the Section 143 (3) of the UP Revenue Code invoked in the recovery order against him was non-existent.
The matter will come up for hearing on July 17.
Officials in Lucknow had recently also visited his house in a bid to recover the fine and also allegedly threatened to confiscate his property.
The trial in the case is yet to start.
