Mumbai: The Bombay high court has sent back a notice to the Mumbai collector, which was sent by the then collector to the general secretary, Raza Academy, Mohammad Saeed Noori, seeking a penalty of '2.74 crore in connection with his alleged role in the August 2012 Azad Maidan riots which led to the damage of public property.
The court sent the notice back for reconsideration on grounds that the principles of natural justice were not followed while issuing notice. The court also observed that destruction of and damages to public property under the guise of holding a peaceful agitation and march be recovered from the organisers, their office bearers, and members of the public indulging in riotous behaviour. The court said that in so doing, the state would send out a strong message to these wrongdoers, and equally to those who claimed that they had organised these agitations peacefully.
A division bench of Justice S.C. Dharmadhikari and Justice P.D. Naik sent back the notice to the Mumbai collector while hearing a petition filed by Mr Noori through advocate Rizwan Merchant along with advocate Sultan Khan challenging the notice. The court asked the collector to first give Mr Noori a hearing before deciding on issuing the notice.Advocate Merchant argued that Mr Noori’s name did not appear anywhere in the case, and that he was not liable for the damage caused to public property as alleged.
