Back
SUPREME COURT OF INDIA
ADARSH KUMAR GOEL, UDAY UMESH LALIT, JJ.
Koshy Jacob - Petitioner
Versus
Union of India & Ors. - Respondents
Writ Petition (Civil) No. 55 of 2017
Decided On : 28-11-2017
Article 32 - Destruction of Public and Private Properties - Prevention of Damage to Public Property Act, 1984 - Summary: The court addressed the issue of large scale destruction of public and private property in agitations and recommended statutory amendments for accountability and punishment. The guidelines issued by the court emphasized the use of videography, prohibition of weapons, and the appointment of assessors to assess claims. The court urged the Union of India to expedite the proposed law to address criminal liability, administrative failures, and remedies for victims.
Fact of the Case:
The petitioner, an advocate, sought direction for the implementation of guidelines to address the destruction of public property and violation of fundamental rights due to agitations. The petitioner faced difficulties reaching home after surgery due to an ongoing agitation.
Finding of the Court:
The court acknowledged the need for preventive and remedial measures to address situations where peaceful agitations turn violent, causing loss of lives and destruction of public property. The court urged the Union of India to expedite the proposed law to address the issues.
Issues: The issues involved the destruction of public property, violation of fundamental rights, and the lack of legislation to address accountability and punishment for such actions.
Ratio Decidendi: The court emphasized the need for statutory amendments to hold those sponsoring agitations accountable and punishable under criminal law. The guidelines highlighted the use of videography, prohibition of weapons, and the appointment of assessors to assess claims.
Final Decision: The court disposed of the writ petition, urging the Union of India to expedite the proposed law to address criminal liability, administrative failures, and remedies for victims. The petitioner was advised to seek remedy at an appropriate forum in accordance with the law.
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 in place so far which appears to be the reason for this petition.
5. In pursuance of notice issued by this Court in this matter, affidavits have been filed by different States as well as by Union of India. In the affidavit filed by the Union of India, it is submitted that the process has been initiated for amendment of the Prevention of Damage to Public Property Act, 1984 in consultation with the Ministry of Law and Justice. A draft has been prepared and published on the website seeking comments of the public and other stake-holders. Union of India has also sent a letter dated 6th May, 2013 to all the States and Union Territories advising the action to be taken as soon as there is a demonstration. The guidelines are as follows:
"(i) If the officer in charge of a police station or other law enforcing agency is of the opinion that any direct action, either declared or undeclared has the potential of causing destruction or damage to public property, he shall avail himself of the services of video operators. For this purpose each police station shall be empowered to maintain a panel of local video operators who could be made available at short notices.
(ii) The police officer who have responsibility to act on the information that a direct action is immediate and if he has reason to apprehend that such direct action has the potential of causing destruction of public property, he shall immediately avail himself of the services of the video-grapher to accompany him or any other police officer deputed by him to the site or any other place wherefrom video shooting can conveniently be arranged concentrating on the person/persons indulging in any acts of violence or other acts causing destruction of damage to any property.
(iii) No sooner than the direct action subsides, the police officer concerned shall authenticate the video by producing the videographer before the Sub divisional or Executive Magistrate to entrust such CD/material to the custody of the police officer or any other person to be produced in court at the appropriate stage or as and when called for.
(iv) The organizer shall meet the police to review and revise the route to betaken and to lay down conditions for a peaceful march or protest.
(v) All weapons, including knives, lathis and the like shall be prohibited.
(vi) An undertaking is to be provided by the organizers to ensure a peaceful march with marshals at each relevant junction.
(vii) The police and State Government shall ensure videography of such protests to the maximum extent possible.
(viii) The person in charge to supervise the demonstration shall be the SP (if the situation is confined to the district) and the highest police officer in the State, where the situation stretches beyond one district.
(ix) In the event that demonstrations turn viole
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
