Crime
SC to UP govt: Refund recoveries made from anti-CAA protesters
The Supreme Court on Friday directed that properties of anti-CAA protesters, which were attached by Uttar Pradesh government should be restored to them, and also if they had paid money to the authorities concerned for the alleged damages should be also refunded.
At the outset, the Additional Advocate General Garima Prashad, representing the Uttar Pradesh government, informed the top court that the state government has withdrawn notices sent to the anti-CAA protesters to recover damages to the properties.
A bench comprising Justices D.Y. Chandrachud and Surya Kant said if recoveries have been made following the notices, then those have to be paid back, as the government has withdrawn the notices. Prashad said the state government has come to the court with clean hands and urged the top court to maintain status quo in connection with properties attached in the matter.
Advocate Nilofar Khan, representing the petitioner, said there were many people, including vegetable sellers, rickshaw pullers, etc., from whom recoveries have been made following these notices and the state government should issue refunds, after withdrawal of these notices.
Justice Chandrachud said there shall be a refund of the damages recovered in the meantime, however it will be subject to the claim’s tribunal, under new law. Prashad requested the bench to maintain status quo and added that certain properties have been taken into custody by the state government already.
The bench replied it is against the law and the court cannot go against the law. Prashad submitted that the model code of conduct has been placed in the state. The bench told Prashad this does not stop them from following the law and “when you have to implement a judgment of the Supreme Court how does the model code of conduct stop you”.
The bench said if an attachment has been done against the law and if such orders have been recalled, how can attachment go on? Justice Chandrachud said: “Once orders are recalled, then how can attachment continue…”
Prashad said this order of the top court will have an impact on the deterrence and cited there has been no incident in the state in the past two years. However, the top court was not convinced with Prashad’s arguments. She further submitted that the court is looking at small vendors, etc., but that is not the case and the entire law will be frustrated if refund is ordered.
“No, law cannot be frustrated…as you bought a new law. All deference against the evasion of law has to be within four corners of law and it cannot lie outside the four corners of the law,” said Justice Chandrachud.
The Uttar Pradesh government has issued two government orders (GOs) on February 14 and 15, withdrawing all show cause notices, which were issued in 274 cases in the destruction of public and private properties during the anti-CAA protest.
The new law — Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 — empowers the state government to set up tribunals to decide claims for damage to property.
On February 11, the top court had told the Uttar Pradesh government to withdraw these notices, otherwise it would quash them. Citing the top court’s verdicts in 2009 and 2018, the bench said judicial officers should have been appointed in claim tribunals, but the state government appointed Additional District Magistrates.
Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.
The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.
The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.
According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.
On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.
The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.
They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?
Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.
Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.
It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.
Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.
Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”
He also mentioned that the actions will be taken as per the law.
The Dhubri MP was attacked while attending a public programme in the Nagaon district.
The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.
In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.
In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.
The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.
Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.
Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”
“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.
The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.
Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.
The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.
The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.
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