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citizenship

operation of High Court as the entire ing session of state legislature. The named by the police.
action of Yogi government was based on hasty action on the part of government The Ordinance provides that every
nonexistent law. was quite visible as itsextraordinary order or award passed by the Claims
notification issued on a Sunday holi- Tribunal shall be “final” and no appeal
his action also invoked debate with day after the Governor Anandiben Patil against such orders shall be “maintain-
regard to privacy of a person guar- signed to promulgate, “The Uttar Pradesh able” before any court. It was further
T anteed as a part of fundamental Recovery of Damage to Public and provided thatno civil court shall have the
right to life and liberty under Article 21 of Private Property Ordinance, 2020.” jurisdiction to entertain any questions
the Constitution of India. The apex court The Ordinance armed the govern- regarding the claims.
bench comprising Justice Uday Umesh ment administration with a stringent
Lalit and Justice Anirudh Bose granted new law to recover compensation from he Claims Tribunal shall have the
liberty aggrieved activists whose names those who damage public and private power to attach the property of the
andpictures appeared in the hoardings property during protests and riots. The T respondents and publicise their
to implead themselves in thematter. Claims Tribunals set up under the chair- names, addresses and photographs to
The High Court extensively trusted person of the Claims Tribunal would be a warn public against purchasing the
on thelaw interpreted by nine-judge retired district judge while its members property.
bench of the apex court in the Puttas- “As soon as the order for recovery
wamy matter that affirmed “the consti- of damages is passed, the property of
tutional right to privacy.” “It declared pri- the respondent to be attached and the
vacy an intrinsic component of Part III of authorities shall be directed to publish
Constitution of India that lays down our The Uttar Pradesh the name address along with a photo-
fundamental rights relating to equal- recovery of damage graph of a warning for public at large not
ity, freedom of speech and expression, to purchase property attached,” the noti-
freedom of movement and protection to public and private fication said.
of life and personal liberty. These funda- property ordinance The Claims Tribunal shall have all the
mental rights cannot be given or taken powers of Civil Court for the purpose of
away by law and laws and the executive 2020, cleared in a taking evidence on oath and enforcing
actions must abide by them,” the Bench the attendance of witnesses and com-
observed. recent cabinet meeting pelling the discovery and production
“In entirety, we are having no doubt chaired by UP CM Yogi of documents and material objects, the
that the action of the State which is notification said.The claims would cover
subject matter of this public interest Adityanath, will now not only damage to public and private
litigation is nothing but an unwarranted be used against property but also the costs borne by the
interference in privacy of people. The police and administration in taking pre-
same, hence, is in violation of Article 21 of anti-CAA protesters ventive measures.
the Constitution of India,” held the High The liability would be fixed on the
Court. The High Court finally directed the alleged perpetrators as well as those
District Magistrate, and the Commission- accused of instigating or exhorting them.
er of Police, Lucknow, to remove the ban- would be of the rank of additional com- The Tribunal will have to adhere to the
ners from the road side forthwith. The missioner. The Tribunal is empowered to principles of natural justice, issue notices
bench also directed state government investigate complaints, assess the dam- and receive replies from the respond-
not to place such banners on roadside age, claims for compensation and decide ents, but it also has the power to decide a
containing personal data of individuals compensation awards. The Ordinance matter ex parte, if those given notices do
without having authority of law. envisaged Additional District Magistrate not respond.The pendency of any crimi-
In such a piquant situation the State as Claim Commissioners. nal proceedings relating to the incidents
Cabinet had urgently met under Chief The State government or the owner shall not be a bar on the Tribunals pro-
Minister Yogi Adityanath on 13 March of any private property or the head of ceeding with their work.
and first decided to call off ongoing the office concerned in respect of public The Claims Tribunal also has the pow-
budget session, thereafterit approved the property, may file claims for compensa- er to appoint a Claims Commissioner to
draft of “The Uttar Pradesh Recovery of tion within three months of any incident estimate the damage caused and inves-
Damage to Public and Private Prop- that causes any damage during public tigate liability to assist it in holding the
erty Ordinance, 2020.” The govern- protests, bandhs or riots. The claim can inquiry. The determined compensation,
ment attempted to legitimize its cite as respondents those who “exhort- if unpaid, the District Collectors shall-
action through ordinance route rath- ed” or “instigated” or “committed” acts proceed to recover it as arrears of land
er than bring a Bill before the ongo- that caused the damage, as well as those revenue.

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