Anti-CAA protest: SC agrees to listen to plea of alleged protester in opposition to HC order on damages

The Supreme Court on Monday agreed to listen to a plea of an alleged anti-Citizenship Amendment Act (CAA) protester in opposition to the Allahabad High Court order asking him to deposit ten per cent of Rs 1,90,857 in the direction of damages induced to the private and non-private properties in Mao district of Uttar Pradesh in 2019.

A bench of Justices LN Rao and BR Gavai issued discover to the Uttar Pradesh authorities and sought its response.

Senior advocate Collin Gonsalves, showing for the petitioner Sarfraz, stated that there is no such thing as a CCTV footage of his involvement within the alleged violence incidents and he has not been named in any of the FIRs.

“The UP government is targeting the activists involved in anti-CAA protests and hence notice was issued to him for recovery of damages. On the day of the incident, a mob had allegedly caused damage to public and private properties in which the petitioner’s involvement is not established,” he stated.

He stated that the petitioner is an easy man from a weaver neighborhood who has helped many individuals throughout the nationwide lockdown with meals and medical assist.

The bench stated that it’s issuing discover on the plea which has challenged the Allahabad High Court order of May 10.

In his plea, Sarfraz stated {that a} nationwide protest in opposition to the brand new Citizenship Amendment Act handed on December 11, 2019, granting citizenship to minorities excluding Muslims, going through persecution from neighbhouring international locations, was launched on December 16, 2019.

He stated that the peaceable protest was organised as part of a nationwide protest in opposition to the brand new regulation in Mau metropolis by which nearly a thousand individuals participated.

“The petitioner was issued a notice by the Additional District Magistrate, Mau on February 4, 2020, stating that on December 16, 2019, an unlawful assembly caused damaged to property of Nagar Palika, police department and other public and private property,” the petition stated including that it was alleged that petitioner was prima facie chargeable for the damages to the property.

The plea stated that the petitioner in his reply to the discover contended that he has neither participated in any unlawful meeting nor has he induced any harm to the general public or non-public property or supported or inspired any motion or procession.

“The petitioner has never participated in any procession or illegal assembly on the alleged date of occurrence for which the several FIRs have been lodged against the petitioner. Additionally, the CCTV camera that is installed in the police station Dakshin Tola, district Mau does not contain any footage of the petitioner at the time of the alleged offence,” it stated.

The plea stated that the Additional District Magistrate on February 22, handed an ex-parte order on the report of SHO, Dakshin Tola for the restoration of damages induced throughout the mob that broke out on December 16, 2019.

Sarfraz sought an ex-parte keep of the High Court order saying that the decide of the High Court with out making use of his thoughts and the modified circumstances imposed ten per cent of the estimated quantity as damages with out going to the deserves of the case.

Source