The Hindu : New Delhi News : Monetary burden of mob fury

Online edition of India's National Newspaper
Saturday, Jul 03, 2010
ePaper | Mobile/PDA Version

New Delhi

New Delhi

Monetary burden of mob fury

The shocking demonstration of rage by an agitating mob of the Capital's safai karamcharis earlier this week to draw the authorities' attention towards their demand for permanent jobs and timely payment of salaries has caused a huge loss to the public exchequer.

Trouble erupted when the protesters were prevented from entering a Municipal Corporation of Delhi office. Within half an hour the rampaging mob had damaged 20 Delhi Jal Board vehicles, five Delhi Transport Corporation buses, set afire a police vehicle and damaged another. “In all, 30 vehicles were targeted by them,” said a police officer, adding that windowpanes of the MCD office were also smashed. A dozen policemen were injured in heavy stone-throwing by the protesters.

While over 500 protesters were involved in the riot, the police have so far arrested only 14. A case has been registered under various provisions of the Indian Penal Code and the Prevention of Damage to Public Property Act. Section 147 of the IPC has been included as it deals with punishment in riot cases for a term which may be extended up to two years or with fine or both. Section 148 pertains to use of a deadly weapon of offence that is likely to causedeath.

Under Section 149, every member of the unlawful assembly involved in a riot is deemed guilty of the offence. Since the mobsters attacked the police and injured them, Section 186 for obstructing a public servant in discharge of public functions; Section 332 for voluntarily causing hurt to deter public servant from his duty; and Section 353 for assault or criminal force used to deter public servant from discharge of duty have been added. The rioters have also been booked under Section 427 for causing damage of Rs.50 or upwards, and Section 506 that deals with punishment for criminal intimidation.

The offences of mischief causing damage to public property and use of fire in the process attracts punishments under Sections 3 and 4 of the PDPP Act. Under Section 4, an offender can be punished with rigorous imprisonment for a term that “shall not be less than one year, but which may extend to ten years and with fine”.

“Criminal liability apart, those involved in riot cases should also face civil liability and pay up for the damages. The entire monetary burden should be put on them,” said a police officer.

He recalled a riot case of April 2009 in which a mob allegedly led by a candidate for the Lok Sabha elections had vandalised the Bhajanpura police station in Delhi's trans-Yamuna area. The mob injured nine policemen and damaged a police car and five other vehicles.

“We got an estimate of the damages calculated by engaging experts and submitted it in the trial court for necessary action and recovery,” said a police officer.

He said the entire action should be captured in a video camera for identification of the offenders and also as irrefutable evidence against them in court.

“The existing laws can act as a deterrent only when the system sends a message across that none of the violators or instigators would be spared. The need is to actively pursue the cases to ensure convictions and recovery of damages,” the officer said, suggesting that the State should not have the discretion to withdraw the case.

In fact, the Supreme Court had last year suggested amendments to the PDPP Act to make political parties and their leaders accountable for damages to public property during agitations and demonstrations.

Devesh K. Pandey

Printer friendly page
Send this article to Friends by E-Mail

New Delhi