2017 Supreme(SC) 1458
ADARSH KUMAR GOEL, UDAY UMESH LALIT
Koshy Jacob – Appellant
Versus
Union of India – Respondent
Advocates Appeared:
For the Petitioner:Wills Mathew, Adolf Mathew, Ms. Usha Nandini. V, Biju P. Raman, Advocates.
For the Respondents:K.K. Venugopal, AG, Ms. Binu Tamta, Ms. Madhvi Diwan, Rohit Bhatt, B.V. Balramdas, B. Krishna Prasad, Advocates, Ms. Abha R. Sharma, D. S. Pamar, Ms. Sujeeta Srivastava, Advocates.
For the (State of West Bengal) :Ms. Nandini Sen, Chanchal Kumar Ganguli, Advocates.
For the (State of M.P.) :Mishra Saurabh, Ankit Kr. Lal, Advocates.
For the (State of Orissa) :Shibashish Misra, Ms. Sylona Mohapatra, Advocates.
For the (State of Tamil Nadu) :M. Yogesh Kanna, Ms. Sujatha Bagadhi, Advocates.
For the (State of Sikkim) :Ms. Aruna Mathur, Avneesh Arputham, Ms. Anuradha Arputham, Ms. Simran Jeet For (M/S. Arputham Aruna and Co.), Advocates.
For the (State of Haryana) :Dr. Monika Gusain, Manpreet Kaur Bhalla, Ms. Geeta Singh, Advocates.
For the (State of Telangana) :S. Udaya Kumar Sagar, Mrityunjal Singh, Advocates.
For the (State of J. and K.) :G.M. kawoosa, M. Shoeb Alam, Advocates.
For the (State of Kerala) :Nishe Rajen Shonker, Ms. Anu K. Joy, Reegan S. Bec, Advocates.
For the (State of Uttarakhand) :Ms. Rachana Srivastava, Prateek Dwivedi, Ms. Monika, Sukrit R. Kapoor, Advocates.
For the (State of Mizoram) :Pragyan Pradip Sharma, Nilesh Y. Ukey, P.V. Yogeswaran, Advocates.
For the (State of Rajasthan) :Shiv Mangal Sharma, AAG, Vivek R. Mohanty, Milind Kumar, Advocates.
For the (State of Karnataka) :V.N. Raghupathy, Parikshit P. Angadi, Advocates.
For the (State of Gujarat) :Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Puja Singh, Ms. Shodhika Sharma, Advocates.
For the (State of U.P.) :D.K. Thakur, AAG, Ms. Seema Sharma, Varinder Kumar Sharma, Advocates.
For the (State of Nagaland) :Ms. K. Enatoli Sema, Edward Behlo, Amit Kumar Singh, K. Luikang Michael, Z.H. Isaac Haiding, Advocates.
For the (State of Maharashtra) :Nishant R. Katneshwarkar, Ms. Deepa M. Kulkarni, Advocates.
For the (State of Assam) :Debojit Borkakati, Shuvodeep Roy, Advocates.
For the (State of Tripura) :Gopal Singh, Rituraj Biswas, Abid Ali Beeran P., Ms. Pragati Neekhra, Avijit Bhattacharjee, Ms. Asha Gopalan Nair, Balaji Srinivasan, Sunil Fernandes, Advocates.
ORDER :
We have heard learned counsel for the parties.
2. This petition, filed under Article 32 of the Constitution of India, seeks direction for implementation of guidelines issued by this Court in Destruction of Public and Private Properties, In Re v. State of Andhra Pradesh and Others, (2009) 5 SCC 212.
3. According to the averments in the petition, the petitioner is an advocate. He was forced to spend more than 12 hours on road to reach his home after being discharged from hospital after surgery on 23rd May, 2012, on account of an on-going agitation. According to the petitioner, large number of strikes/agitations have taken place resulting in destruction of public property and also resulting in violation of fundamental right of the people for which suitable remedy is not available to the aggrieved victims.
4. Committees appointed by this Court in the above case recommended statutory amendments for making those sponsoring such agitations accountable and punishable under the criminal law and also requiring preventive and remedial actions such as videography of all the activities and award for damages. In spite of such recommendations, no legislation or speedy mechanism has been put i
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