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[Anti CAA Protest] Withdrawal of Pleas Against Name And Shame Ordinance And Filing Of Fresh Pleas Challenging The Act Allowed By Allahabad High Court

By Bakul      03 September, 2020 02:58 PM      0 Comments
AllahabadHC anti CAA

The anti-CAA protest was a massive protest which caused huge loss to the property and lives of the people. Lucknow, the capital of Uttar Pradesh faced some major destruction of public property. The UP government erected banners in public places with the names, photographs, and addresses of persons accused of committing violence during anti - CAA protests. 

This action of the UP government was questioned by the High Court upon its legality after which the government promulgated an ordinance in March namely “Uttar Pradesh Recovery of Damages to Public and Private Properties Ordinance, 2020 “ which is now converted into a Bill on August 22 and is pending before the Governor Anandiben Patel for the consent. 

A petition was filed challenging the Ordinance by Advocates Shashwat Anand and Ankur Azad practicing lawyers in High Court with a journalist and a social activist. 

They contended that this field is already covered under the Prevention of Damages to Public Property Act, 1984, hence it automatically becomes repugnant to the same which makes it void as per “Article 254 of the Constitution of India.” However, this petition and all other petitions related to it became infructuous with the Bill being passed. 

On Monday (August 31, 2020), the Senior Advocate for State Government Manish Goyal had told the court that the Ordinance was made an Act with some changes in it. The petition filed by the Senior Advocate was dismissed by the Allahabad High Court and the court gave the liberty to withdraw the plea and file a fresh plea challenging the Act. 

The petitioners are now granted the right to file a fresh plea against the Act by withdrawing their prior appeal on the Ordinance.

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