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Supreme Court seeks response of Centre, States on damage during agitations

J. Venkatesan

Political parties must be held accountable
Exemplary compensation can be awarded

New Delhi: The Supreme Court on Friday sought the response of the Centre and the States on the reports submitted by Justice K.T. Thomas and Fali Nariman committees on strengthening of laws relating to damage and destruction of public and private properties and injuries to persons and loss of lives.

Taking suo motu cognisance of the vandalism and destruction of properties during the Gujjar agitation in Rajasthan, the apex court constituted committees by Justice Thomas, a former Supreme Court judge and senior advocate Fali Nariman to suggest measures to tighten the law and to make political parties, organising the violence, accountable for such damage.

A Bench of Justices Arijit Pasayat and A.K. Ganguly took on record the reports and said since important suggestions had been given, the matter should be deliberated in detail after getting the response of the Centre, States and Union Territories. The Bench asked the parties to file their reply by February 20 and posted the matter for further hearing on March 17.

In its report, Justice Thomas committee said: “Destruction of public property has become so rampant during such directions actions called by organisations. In almost all such cases, the top leaders who really instigate will keep themselves in the background and only the ordinary or common members or grass root level followers of the organisation directly participate in such direct actions and they alone would be vulnerable to prosecution proceedings. If the leaders are not caught in the dragnet and allowed to be immuned from prosecution, such directions would continue unabated, if not further escalated and will remain a constant or recurring affair.” The committee therefore recommended incorporation of a provision in the Prevention of Damage to Public Properties Act to make the leaders guilty of abetment of the offence.

The Nariman Committee, in its report, suggested that exemplary damages might be awarded, the object of which was to punish those indulging in vandalism. It wanted the apex court to lay down principles on which liability could be fastened and damages assessed in cases in which due to the behaviour of mobs and riotous groups public and private property was vandalised and loss of life and injury was occasioned to innocent persons. It said damages must deter people from similar behaviour in future.

On the role of media in reporting such events, the committee was not in favour of imposing any regulation. It said: “Given the exigencies of competition, there is a degree of sensationalism, which is itself not harmful so long as it preserves the essential role of the media viz., to report news as it occurs and eschew comment or criticism. The electronic (and print) media has expressed (unanimously) its wish to act responsibly.”

The committee endorsed the need for formation of principles of respons ible broadcasting and institutional arrangements of self-regulation.

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