A lawyer practising in the Allahabad High Court, Shashank Tripathi, has filed a Public Interest Litigation at the High Court against the ordinance issued recently by the Uttar Pradesh cabinet for recovering damages to public and private properties during the anti-CAA protests.

The PIL urges the court to issue a writ or a direction declaring the ordinance ultra vires to the Constitution. "To evade from justifying itself from court of law, the State has played mischief upon the Constitution," Adv. Tripathi argued. The PIL states that the ordinance talks about judicial activity, but without procedural and functional safeguard required by law. The PIL says the ordinance under question is in contradiction with the ordinance-making power of the state provided under Article 213 of Constitution. Mr. Tripathi’s PIL has asked the court to suspend or grant a stay on the operation of the ordinance.

As per the ordinance, all the claims under the ordinance will be decided by Claims Tribunals to be set up and the decisions of these Tribunals are to be final and no civil court will have jurisdiction to entertain any questions on the claims.

On March 15, the Yogi Adityanath’s government notified the "Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance, 2020", promulgated by Governor Anandiben Patel.

The PIL is likely to be heard on April 2, subject to the directives of the court in connection with the COVID-19 outbreak in the country.

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