Skip to main content
Sabrang
Sabrang
Rule of Law

PIL in Allahabad HC seeks stay on UP govt’s ordinance, calls it ultra vires to Constitution

The PIL says that the state is playing mischief upon the Constitution

Sabrangindia 18 Mar 2020

Allahabad HC

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.


Related:

Is UP's new Ordinance on recovery of damages an example of abuse of power?

Telangana Assembly passes resolution against CAA-NPR-NRC

MHA on CAA petition: Whole expanse of Article 21 cannot be made available to illegal migrants

PIL in Allahabad HC seeks stay on UP govt’s ordinance, calls it ultra vires to Constitution

The PIL says that the state is playing mischief upon the Constitution

Allahabad HC

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.


Related:

Is UP's new Ordinance on recovery of damages an example of abuse of power?

Telangana Assembly passes resolution against CAA-NPR-NRC

MHA on CAA petition: Whole expanse of Article 21 cannot be made available to illegal migrants

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Archives