Lucknow: HC dismisses plea against notice to anti-CAA protester

LUCKNOW: A Lucknow bench of Allahabad high court on Monday declined to hear a petition challenging the 'show-cause' recovery notice issued to an alleged protester for damaging public property during recent protest against Citizenship (Amendment) Act, in the state capital.
While dismissing the petition filed by one Mohammd Kaleem, the bench of Justice Pankaj Kumar Jaiswal and Justice Karunesh Singh Pawar said that as Supreme Court had taken cognizance of a similar petition, the present writ petition under Article 226 of the Constitution of India was not maintainable at this stage.
The bench also considered the objection of the standing counsel Manish Mishra that the petition was filed against the recovery notice whereas he had the right to submit his reply before the appropriate authority against the notice and the same could be decided.
As the bench was apprised by the petitioner's counsel Priyanka Singh that reply was already filed, the bench said that if adverse order was passed , the petitioner may challenge the same in appropriate proceedings in accordance with law.
The petitioner had filed the writ petition challenging the recovery notice issued to him by additional district magistrate (trans-Gomti), Lucknow, on December 23, 2019 . The impugned show-cause notice had been issued on the basis of three FIRs registered against the petitioner as well as other persons under Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and under Section 7 of the Criminal Law Amendment Act at Police Station Hasanganj in Lucknow.
After large-scale violence on December 19 and 20 during anti-CAA protest, over 200 recovery notices were served on protesters in Lucknow and 700 in other districts for damaging public properties.