Citizens have constitutional rights against custodial violence, while also bearing duty to protect State property; compensation claims are valid for both parties in cases of public unrest.

1."Whenever human dignity is wounded, civilization takes a step backward - flag of humanity must on each such occasion fly half - mast". Such were the strong sentiments expressed by Dr. A. S. Anand, J, later Chief Justice of India, while dealing with the rights of a person who is subjected to custodial violence. (See D.K. Basu v. State , 1997 (1) SCC 416 : 1997 CriLJ 743.

2. It is the case of the petitioners that the rights conferred upon them under Art.21 and Art.22 of the Constitution were violated in as much as not only the person but the property belonging to them was also subjected to worst type of violence.

3. Before noticing the facts, it would be apt to mention that what was said by the Supreme Court of India in the case of D. K. Basu v. State of West Bengal, 1997 (1) SCC 416 : 1997 CriLJ 743. This decision takes notice of the rights of the citizens. There is no dispute with the proposition laid down in the aforementioned case vis - a - vis rights to which a citizen is entitled to, however, there is another aspect of the matter also which is to the effect that is the State property to be damaged whenever there is a bandh or some agitation either sponsored by a group or by a political organisation? No doubt, the rights of the citizens are sacrosanct and the State owes a duty to respect these rights but the corresponding duty of the citizens to protect the State property is equally sacrosanct. It is this aspect of the matter which is also required to be taken note of.

4. Before dealing with this aspect of the matter, the facts as projected in one of the petition i.e. 859/2000 be noticed as under :
Petitioner after rendering 16 years of service in the Indian Army, retired as Havildar on 1st Oct '93. It is submitted by the petitioner that after retirement, he joined Indian National Congress in April '94. He is a member of Batwal community. It is submitted that he is the President of Jammu and Kashmir Batwal Welfare Association also. Petitioner submits that he has great regard to the ideals of secularism and socialism. According to him, the democratic ideals which are ingrained in the political party to which he belongs stand ingrained in him also. According to the petitioner, on 4th Aug '2000 an unfortunate incident took place in the native village of petitioner; a cow was slaughtered by some miscreants. According to the petitioner, these anti - social elements had a nefarious design of smuggling out bovine animals from the State of Jammu and Kashmir. On account of slaughtering of the cow, there was strong resentment among the people of the area. It is stated that the police authorities were not able to gauge the resentment of the public in time and this resulted in a strong public protest. Thousands of people are said to have gathered in the main bazar of village Dablehar. The situation, it is stated got out of control. The gathering which has been described by the petitioner as a "massive demonstration" was critical of the role played by the police authorities. It is stated that the culprits were identified and the police was making an all out effort to keep them in safe custody. Petitioner submits that the gathering which held a massive demonstration was of the view that the local police was hand in glove with the culprits whose names have been given in para 7 of the petition. It is stated that the respected citizens brought this matter to the notice of the Deputy Commissioner, Jammu. A committee was also constituted. The Deputy Commissioner and the concerned police authorities were impressed upon the facts that the culprits should be punished under the public Safety Act so that in future no such incident takes place. The petitioner was a