The Allahabad High Court on Friday stayed a Bijnor ADM order directing the administration to recover ₹2.22 crore from four persons accused of damaging public property in clashes during anti-Citizenship (Amendment) Act protests on December 20, 2019.
“We are of the view that the Rules under which the impugned notice has been issued is under challenge before the Apex Court,” a Division Bench of Justices Manoj Mishra and Deepak Verma said.
“Therefore, the ends of justice demand that the effect and operation of the impugned notice is put in abeyance till the issue is determined by the Apex Court,” the order said.
Issuing notice to the State government, the bench has listed the case for April 20. The Bench was referring to the writ petition filed by advocate Parvaiz Arif Titu which is being heard by the Supreme Court. Mr Titu’s petition described such notices as “arbitrary” and asked for an independent judicial inquiry to probe the incidents.
V.M. Zaidi, senior advocate, representing the four accused said he argued that the ADM (Finance) had no power to issue such recovery notices.
“The Supreme Court guidelines (in Destruction of Public and Private Properties vs State of A.P (2009) and Kodangallur Film Society vs Union of India (2018)) says that in such cases a serving or retired High Court or district judge is to be appointed as a Claims Commissioner by the High Court,” Mr Zaidi told The Hindu.
“It seems like a case of State terror to name and shame people without proper evidence. It has come after a stay order was passed by the honourable High Court when Mohammed Faizan of Kanpur approached against a similar recovery notice issued by ADM, Kanpur. I hope all such orders would be eventually set aside,” added Mr Zaidi.
The order has come after Javed Aftab, former municipal corporation chairman, Bijnor, moved the High Court along with Parvez Aftab, Shahadat Ali and Zeeshan Baig against the recovery orders issued by ADM Avadesh Mishra.
Official sources said 61 protesters were identified through CCTV footage and slapped with recovery notices.
In his order, Mr Mishra said the accused were given several opportunities to prove their innocence but they failed to do so.
Interestingly, the stay order came on the same day when the Lucknow administration pasted photos and recovery notices of those who allegedly vandalised public property during anti-CAA protests in public places in the city on December 19.
