Allahabad High Court: A Division Bench of Govind Mathur, CJ and Samit Gopal, J., addressed a petition assailing the constitutional validity of Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020 and asked the State of Uttar Pardesh to file a response for the same.
Present petition was preferred to assail the constitutional validity of “The Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020”.
Petitioner’s counsel submitted that Ordinance impugned deserves to be declared void being inconsistent with the provisions of Part-III of the Constitution of India. Citing the Supreme Court’s decision in Re: Destruction of Public & Private Properties v. State of A.P., (2009) 5 SCC 212, stated that a person is having a fundamental right to privacy. Such valuable right shall be seriously infringed by operation of the Ordinance of 2020.
Further, provisions of the Ordinance shall allow the persons to be viral for public at large as criminal without their adjudication for any criminal charge. The above stated Ordinance is also in contravention of Supreme Court’s decision in Rojer Mathew v. South Indian Bank Ltd., 2019 SCC Online SC 1456.
Adding to the above, it was emphasized that the intention of the Ordinance is only to frustrate and overrule the law laid down by a Division Bench of this Court In-Re Banners Placed on Road Side In The City of Lucknow v. State of Uttar Pradesh (PIL No. 532 of 2020), decided on 9-03-2020.
Bench in view of the above considered it appropriate to have adequate response of the State of Uttar Pradesh by a counter affidavit on or before 25-03-2020.
The case has been listed for 27-03-2020. [Shashank Shri Tripathi v. State of U.P., PIL No. 547 of 2020, decided on 18-03-2020]
