Uttar Pradesh: Allahabad HC issues notice to Yogi government over Anti-CAA violence

Taking cognisance of a complaint filed by a Mumbai-based lawyer alleging that Uttar Pradesh government had acted in an unconstitutional manner to deal with anti-Citizenship Amendment Act (CAA) protesters, the Allahabad High Court on Wednesday has issued a notice to the Yogi Adityanath government.

The Bombay High Court lawyer, Ajay Kumar referred to news reports published in The Telegraph and the New York Times on December 29, 2019, and January 2, 2020, respectively, that had observed that the situation in the state was antithetical to the core constitutional values and as such the High Court needed to intervene. Kumar sent an email to HC Chief Justice Govind Mathur demanding the institution of a judicial inquiry and cited news reports to allege that the state police committed atrocities on madarsa students, while they were protesting against the CAA.

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Treating the email as public interest litigation (PIL), a division bench comprising Chief Justice Mathur and Justice Vivek Varma sought a reply from the Adityanath government as to why the prayer of the petitioner should not be admitted. The court fixed January 16 for the next date of hearing.

The court has also appointed two senior lawyers - S.F.A. Naqvi and Ramesh Kumar - as amicus curiae (friend of the court) to assist the court in the case. A copy of the court's observation has also been sent to the Mumbai-based lawyer.

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UPHRC issues notice

Earlier in December, close on the heels of the National Human Rights Commission (NHRC) issuing notice to the Uttar Pradesh Police regarding the action taken during the anti-Citizenship Amendment Act (CAA), the UP human rights panel has also issued notice to the Yogi Adityanath government. The NHRC had received complaints seeking its intervention in the alleged incidents of violation of human rights by the police against protesters.

After this, a notice was issued to the Uttar Pradesh Director General of Police (DGP) seeking a report in four weeks. The complainant to the NHRC had alleged that after the passage of the CAA, "there have been many incidents of human rights violations" by the authorities in Uttar Pradesh.

Taking suo-motu cognisance based on the various media reports, UP Human Rights Commission (UPHRC) chairperson Justice (retired) Rafat Alam directed the state chief secretary to make a “detailed enquiry of all the related incidents” and send a report within four weeks. In its order, the UPHRC noted that according to the media reports, several people were injured and “many died” when the police resorted to lathi-charge and firing at rallies and dharnas (sit-ins) organised by the protesters against the CAA.

“Allegations are raised at certain quarters including the media that these deaths, scores of injured persons and the consequent violation of human rights, was the result of police excesses and reckless handling by the police. The Commission finds it a fit case for an inquiry by taking suo-motu cognisance,” the order bearing December 30, 2019 date stated.

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(With agencies input)