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The SC also directed High Courts to set up a machinery to investigate the damage caused and award compensation wherever mass destruction to property takes place because of protests.
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“Where persons, whether jointly or otherwise, are part of a protest which turns violent, results in damage to private or public property, the persons who have caused the damage, or were part of the protest or who have organized it will be deemed to be strictly liable for the damage so caused, which may be assessed by the ordinary courts or by any special procedure created to enforce the right,” the court said, according to a report in The Indian Express. Train vandalised and set on fire at Secunderabad Railway Station. The court accepted them and ruled that the rioters should be made strictly liable and compensation must be collected for the damage done.Īnti-Agnipath protests held in Hyderabad. The Nariman Committee recommendations were with regards to extracting damages for destruction. The law presumes that the accused is innocent until the prosecution proves its case.
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The top court accepted the suggestion and added that the law must be amended to give the court the power to draw a presumption that the accused is guilty of destroying public property and it would then be open to the accused to rebut such presumption. The Thomas Committee suggested that the prosecution should be required to prove that public property had been damaged in direct action called by an organisation and that the accused also participated in such direct action. In 2009, the Supreme Court issued guidelines based on the recommendations of the two committees. Police opened fire to disperse protestors during a demonstration against the Agnipath recruitment scheme in Secunderabad. Under this Act, a public property includes “any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy any oil installation any sewage works any mine or factory any means of public transportation or telecommunications, or any building, installation or other property used in connection therewith”. It also extends to any company as defined in Section 617 of the Companies Act, 1956 or any government institution.
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This Act defines public property as any property whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of the Centre, any state government, any local authority, or any corporation established by, or under, a Central, Provincial or State Act. The Prevention of Damage to Public Property Act, 1984 came into force on 28 January 1984. But what does the law say about violent demonstrations and who pays for the damages? We take a look.Īlso read: The Agnipath-like schemes that other countries follow to recruit soldiers One person has died and 15 have been injured in Telangana’s Secunderabad.Īcross states, public property is damaged, which is all too common when protests turn violent in the country. Men branding lathis attacked shops and benches at the railway station.Īt least seven states have erupted in protests as mobs run riot burning trains and blocking roads. In Uttar Pradesh, a mob barged into the Ballia railway station and burned a train coach and vandalised property. (Visuals from Danapur Railway Station, Patna district) /JBOnCihIoZ #WATCH | Bihar: Trains burnt and damaged, cycles, benches, bikes, and stalls thrown on railway tracks amid the ongoing agitation against the recently announced #AgnipathRecruitmentScheme