The notice was issued by the high court's Indore bench of Justices Vivek Rusia and Amarnath Kesharwani on a petition filed by Farida Bi (45) against the Madhya Pradesh Damage to Public and Private Property Recovery Act, 2021.
The Madhya Pradesh High Court on Tuesday issued a notice to the state government on a petition seeking to declare “ultra vires to the Constitution” a special act, which has a provision to recover the cost of damages to public and private properties during riots and protests from those found guilty of it.
The notice was issued by the high court's Indore bench of Justices Vivek Rusia and Amarnath Kesharwani on a petition filed by Farida Bi (45) against the Madhya Pradesh Damage to Public and Private Property Recovery Act, 2021.
The next hearing on the petition is expected to take place on October 11.
During the arguments, the state government's counsel claimed that there was no solid ground in the petition against the special law and it should be dismissed.
The petitioner woman, while challenging the Act, sought that it be declared unconstitutional and pointed out that it was framed out of political vendetta and revenge.
She further alleged that the Act will be used to file arbitrary cases on people to deprive them of their properties.
The petitioner's lawyer told PTI that the woman's husband Firoz Khan alias Saizu was arrested for his alleged involvement in the riots that occurred on April 10, on the occasion of Ramnavmi in Khargone town.
The petitioner fears that the special law will be used against her family in a wrongful manner and as an interim relief, she had appealed to the high court that the claims tribunal constituted under the law and all its actions be stayed till the disposal of the plea, he added.
-With PTI Input