“Playing mischief upon the Constitution” Uttar Pradesh Ordinance on compensation for damage to property challenged before Allahabad High Court
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#UPOrdinance #allahabadhighcourt @myogiadityanath
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The Ordinance envisions the setting up of Claims Tribunals, which will adjudicate on complaints of damage to both public and private property caused during riots.
Section 19(2) of the Ordinance states once a Claims Tribunal passes an order for recovery of damages, the name, address and photograph of the person found responsible shall be published.
The petition filed by Shashank Shri Tripathi claims that the Ordinance is a move by the state government “to evade from justifying itself from court of law”, and that by passing such Ordinance, “the State has played mischief upon the Constitution”.
Tripathi claims that the setting up of the Claims Tribunal is beyond the Ordinance making power conferred under Article 213(1) of the Constitution. It also contended that the same is in violation of Article 323B, which lays down the purposes for which tribunals can be formed.
